The Real Gift
Islam
has legislated the giving of the dower by the husband to the wife in
order to please the woman’s heart and to honour her. It is also meant to
bring an end to what was done in the Days of Ignorance wherein she was
wronged, exploited, despised and robbed of her wealth. The dower is a
right exclusively for the wife. It is her possession and none of her
guardians or relatives may share any part of it. No one has any power
over her concerning how she wishes to dispose of it, as long as she does
so in a legally acceptable manner. She may give it away as a gift, she
may lend it to others or she may give it in charity or do any other
permissible acts she wishes with it.
The
dower was instituted because the goal of marriage is not the actual act
of the marriage contract in itself. In fact, the actual purpose of
marriage cannot be achieved unless the spouses stay in a state of
marriage. However, that may not be achieved unless the dower is an
obligation at the time of the marriage contract itself. In this case,
when there come times that may lead the man to divorce his wife, such as
estrangement or coarse behaviour, the husband would not be willing to
divorce his wife due to just the slightest act of rudeness that occurs.
If it were not for the dower that was required due to the contract
itself, it would be very easy for him to leave her.
Therefore,
the goals of marriage would not be met as the goals and benefits of
marriage are only met when the two are in accord and agreement with one
another but that accord will not come about unless the woman is
something honoured and special to the husband. But such honour will not
come about unless he had to give up something important to him. This is
because what is most difficult to achieve is most special to the person.
Therefore, if the wife is not something special in the eyes of the
husband, then he will dispose of her at the first sign of unhappiness,
the accord will not occur and the purposes of marriage will not be
achieved.
What
we see happening in some European countries, and indeed some Muslim
countries, is very strange indeed. This is where the woman is required
to furnish a dowry or provide the furniture for their future house. This
is definitely turning the natural order of things upside down and goes
against the nature of mankind. It leads to a great deal of social ills
and behavioural harm. It is a means by which the woman is despised and
belittled. Indeed, she is ruined because of it. If the woman is not able
to gather enough wealth together for marriage, she will not be able to
get married and, instead, will have boyfriends and affairs, and other
evil results.
Such
a practice contains a great deal of evil and harm for the society; this
practice may even bring about society’s end soon. There is a great
difference between the case where the woman feels that she and what she
possesses belong to her husband and where she feels that she is
something desired and honoured, as the fiancé spends money on her and
gives her presents and so on to get her as his wife.
One
regrettable aspect of dowry-giving in recent times is that it is
becoming more and more a matter of ostentation. Nothing could be more
un-Islamic in motivation than this. Even the practice of performing a
marriage quietly, without any flamboyant display of wealth, but
subsequently giving a lavish dowry to enable the bride to set up her
home is contrary to Islamic practice. It was certainly not the Sunnah of
the Prophet . Faatimah
was his favourite daughter, but he neither gave her a lavish dowry nor
did he send things to her home after the wedding, and even when she made a request to him for something of a material nature, he only gave her the benefit of his counsel.
Mahr (The Dower)
Islam
has successfully maintained an even balance in society between men and
women by giving its unequivocal endorsement to a practical division of
labour, whereby women are placed in charge of the internal arrangement
of the household, while men are responsible for its financing. The home
is thus organised on the pattern of a microcosmic estate, with the man
in a position of authority. The Quran is specified on this issue; Allaah
Says (what means): “Men are in charge of women by
[right of] what [qualities] Allaah has given one over the other and
what they spend [in support] from their wealth. So righteous women are
devoutly obedient, guarding in [the husband's] absence what Allaah would
have them guard…” [Quran 4:34]
For
largely biological reasons, women are well adapted to domestic pursuits
while men, for similar reasons, are better suited to work outside the
home. These physical and mental differences between men and women are,
in practice, what underlay Islam’s division of familial responsibilities
into internal and external spheres, with the woman dealing exclusively
with the home and family and the man providing the funds.
Mahr Mu’ajjal (Promptly given dower)
At
the time of the marriage, the groom hands over to the bride a sum of
money called Mahr (dower) which is a token of his willing acceptance of
the responsibility of bearing all necessary expenses of his wife. This
is the original meaning of Mahr, although this custom has come to have
different connotations in modern times.
There
are two ways of presenting the Mahr to the bride. One is to hand it
over at the time of the marriage, in which case it is known as Mahr
Mu’ajjal, or promptly given dower. During the time of the Prophet
and his companions, Mahr Mu’ajjal was the accepted practice and the
amount fixed was generally quite minimal. The giving of Mahr by ‘Ali to Faatimah
who was the Prophet’s daughter, is an illustration of how this custom
was respected. After the marriage had been arranged, the Prophet
asked ‘Ali if he had anything he could give as dower in order to make
Faatimah his lawfully wedded wife. ‘Ali replied: "I swear by Allaah that
I have nothing, O Messenger of Allaah.” The Prophet then asked: “Where is the coat of armour I once gave you?” ‘Ali replied that it was still in his possession. The Prophet then instructed him to send the coat of armour to Faatimah thereby making his union lawful. This then was the sum total of Faatimah’s dower.
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