Question:
Is the Islamic prescribed amount of Haq Mehr ten dirhams?
Answer:
The Shariah has not fixed a minimum or maximum amount for the dower (Mahr); whatever the parties mutually agree upon can be set as the dower. Narrations about a minimum of ten dirhams for the dower do not reach the level of authenticity according to the principles of the scholars of Hadith. It is narrated from Sayyiduna Jabir bin Abdullah رضي الله عنه that the Messenger of Allah صلی اللہ علیہ وسلم said:
لا مهر دون عشرة دراهم.
“There is no dower less than ten dirhams.”
This is a fabricated narration.
➊ Mubashshir bin Ubaid is a rejected and liar narrator.
❀ Imam Ahmad bin Hanbal رحمه الله says:
أحاديثه أحاديث موضوعة ، كذب .
“The hadiths he narrates are fabricated and false.”
❀ Imam Jawzjani رحمه الله says:
أحاديثه بواطيل.
“His hadiths are false and invalid.”
❀ Allah Imam Ibn Hibban رحمه الله says:
He narrates fabricated and false hadiths attributed to trustworthy narrators. However, his hadith can be recorded as a statement of surprise.
❀ Imam Bukhari رحمه الله called him a denier of hadith.
❀ Imam Dar Qutni رحمه الله says:
متروك الحديث، يضع الحديث
He is a rejected narrator of hadith; he used to fabricate hadiths.
❀ Also, after mentioning the narration, he says:
متروك الحديث، أحاديثه لا يتابع عليه .
“It is a rejected hadith; his hadiths are denounced.”
❀ After this narration, Imam Ibn ‘Adi رحمه الله says:
إسناده باطل ، كان لا يرويه غير مبشر .
“Its chain is invalid. No one narrates it except Mubashshir bin Ubaid.”
❀ Hafiz Bayhaqi رحمه الله says:
قد أجمع أهل العلم بالحديث على ترك حديثه
There is consensus among the scholars of hadith that Mubashshir bin Ubaid is a rejected narrator.
❀ Hafiz Ibn Hajar رحمه الله says:
إسناده واه، فيه مبشر بن عبيد ، وهو كذاب .
His chain is weak. It contains Mubashshir bin Ubaid, who is a liar.
➋ Hajjaj bin Arta is considered weak and a muddler by the majority of hadith scholars.
❀ Hafiz Ibn ‘Abd al-Barr رحمه الله says:
لا ينبته أحد من أهل العلم بالحديث .
“No hadith scholar accepts this hadith as authentic.”
Allama Zailai Hanafi
and Allama Ibn Hammam Hanafi
have declared this hadith weak.
It is established that this narration depends on a liar like Mubashshir bin Ubaid and a weak narrator like Hajjaj bin Arta. Despite this, the Sheikh al-Hadith of Darul Uloom Deoband, Janab Anwar Shah Kashmiri Sahib says:
The Hanafi scholars use this narration of Dar Qutni as evidence that the dower cannot be less than ten dirhams. I (Anwar Shah) say that all its chains contain Hajjaj bin Arta, who is a disputed narrator. I do not accept it as proof, although Imam Tirmidhi رحمه الله has graded some of his narrations as Hasan and even Sahih on some occasions.”
Observe the scholarly honesty of Shah Sahib that he did not even mention the severely lying narrator Mubashshir bin Ubaid present in all chains of this narration but only indicated the weakness of Hajjaj bin Arta.
The Hanafi position that the dower must be at least ten dirhams is baseless.
Important Note:
This narration has been declared denounced by the Imams of Hadith. Therefore, Ibn Hammam Hanafi
fabricated a chain on the authority of Imam Ibn Abi Hatim رحمه الله and attributed it to Hafiz Ibn Hajar رحمه الله. He also said that Hafiz Ibn Hajar رحمه الله graded this chain as Hasan. The chain is:
قال ابن أبى حاتم : حدثنا عمرو بن عبد الله الأودي، حدثنا وكيع عن عباد بن منصور قال : حدثنا القاسم بن محمد قال سمعت جابرا رضى الله عنه يقول : قال : سمعت رسول الله صلى الله عليه وسلم يقول : ولا مهر أقل من عشرة .
❀ On this action of Ibn Hammam, Hafiz Ibn Hajar’s student Hafiz Sakhawi رحمه الله exclaimed:
قد كان شخص نقل لي ذلك عن شيخنا فأنكرته، فلما رأيت كلام ابن الهمام حار فكري فى ذلك وقد أمعنت فى التفتيش عليه فلم أظفر به .
Someone narrated this to our Sheikh (Hafiz Ibn Hajar رحمه الله) in my presence; I denied it. But when I saw Ibn Hammam Hanafi’s statement on this matter, my mind was disturbed, and I investigated deeply. Still, I did not find this narration in Ibn Hajar’s narrations or books.
Ibn Hammam’s fabricated chain is also weak; it contains ‘Ibad bin Mansur Naji, who is considered weak and mixed by the majority of hadith scholars.
❀ It is attributed to Sayyid Na’ili رضي الله عنه:
لا صداق أقل من عشرة دراهم.
“There is no dower less than ten dirhams.”
Its chain is very weak. Dawud bin Yazid al-Udi is considered weak by the majority of hadith scholars. Imam Ahmad bin Hanbal Hamala called it weak hadith, Imam Yahya bin Ma’in رحمه الله called it weak, and Imam Dar Qutni said it is “rejected.”
Imam Ali bin Madini, Imam Abu Hatim, Imam Ibn Hibban also always declared it defective. Imam Abdul Rahman bin Mahdi and Imam Yahya bin Sa’id Qattan did not narrate from it. Among the later scholars, Hafiz Ibn al-Jawzi, Hafiz Haithami, Hafiz Dhahabi, and Hafiz Ibn Hajar رحمه الله also called it “weak.”
However, Imam Ibn ‘Adi رحمه الله
authenticated it, but this is not accepted due to opposition to the majority.
❀ Regarding the statement attributed to Sayyid Na’ili رضي الله عنه, Imam Ahmad bin Hanbal رحمه الله says:
لقن غيات بن إبراهيم داود الأودي عن الشعبي عن على لا مهر أقل من عشرة دراهم، فصار حديثا .
Ghiyath bin Ibrahim (a severely lying narrator) conveyed to Dawud al-Udi through Shu’bi the statement of Sayyid Na’ili رضي الله عنه that there is no dower less than ten dirhams. This statement gradually became a hadith.
❀ Imam Shafi’i رحمه الله says:
رووا عن على رضى الله عنه شيئا لا يثبت مثله.
He narrated from Sayyidna Ali رضي الله عنه something that is not established.
Thus, it is established that this statement is not authentic.
❀ It is also attributed to Sayyid Na’ili رضي الله عنه:
لا يكون المهر أقل من عشرة دراهم.
“The minimum amount of dower is ten dirhams.”
It is very weak.
Regarding Ja’far bin Muhammad bin Marwan Qattan, Imam Dar Qutni رحمه الله says:
ليس ممن يحتج بحديثه .
“His hadith cannot be taken as proof.”
He also called him “weak.”
❀ Hafiz Bayhaqi رحمه الله says:
هذا إسناد يجمع مجهولين وضعفاء .
This chain contains unknown and weak narrators.
Regarding Muhammad bin Marwan Qattan, Imam Dar Qutni رحمه الله says:
شيخ من الشيعة، حاطب ليل، لا يكاد يحدث عن ثقة، مترول .
He was a Shia sheikh. A night talker (one who narrates all kinds of narrations without verification). He rarely narrated from trustworthy narrators. He is rejected.
Yabr bin Sa’id Balkhi is “rejected.”
Imam Dar Qutni رحمه الله called him “rejected.”
Also, Imam Yahya bin Ma’in, Imam Abu Hatim, Imam Abu Zar’ah, Imam Nasai, Imam Ibn ‘Adi, and the majority of hadith scholars have called him “weak” and “rejected.”
Imam Dar Qutni رحمه الله says about his teacher Ali bin al-Hasan Shaybani:
كان يكذب .
He used to lie.
❀ Hafiz Hasan bin Muhammad Khilal رحمه الله says:
ضعيف، تكلموا فيه .
“He is weak; hadith scholars have criticized him.”
Only Hafiz Abu Ali Naysaburi called him trustworthy. Imam Dar Qutni رحمه الله rejected him; therefore, this narrator is weak.
Isma’il bin Yasa is unknown.
Asim bin Umar’s authentication is required!
For these reasons, the narration is invalid.
❀ Mawlana Taqi Usmani Deobandi Sahib says:
But in the entire treasury of Quran and Hadith, except for the mentioned hadith of Hazrat Jabir, there is no narration specifying any amount for the dower.”
It is established that fixing the minimum amount of dower as ten dirhams is not correct.
❀ ‘Ata bin Abi Rabah رحمه الله says about the person who marries with a dower of ten dirhams:
قد كان المسلمون يتزوجون على أقل من ذلك وأكثر .
The Muslims (Sahabah and Tabi’in) used to marry with less or more amount of dower.
❀ Salih bin Muslim رحمه الله says:
قلت للشعبي : رجل تزوج امرأة بدرهم قال : لا تصلح إلا بثوب أو بشيء .
I asked Imam Shu’bi رحمه الله: If a person marries for one dirham dower, then? He said: Marriage for clothes or anything else is valid.
❀ Allama Ibn Qayyim رحمه الله
says:
If both parties are satisfied, then the permissibility of marriage with a small dower, even if it is just a ring, is correct and explicit Sunnah, and it has been rejected due to an unestablished effect and the worst analogy. The Quran has generally stated: أَن تَبْتَغُوا بِأَمْوَالِكُمْ
“It is lawful for you to marry women for your wealth.” Also, in the case of mutual consent, the analogy of buying and selling with little or much wealth is implied. (The Hanafis have analogized dower to cutting off the hand.) But where is marriage and where is theft? Where is the permissibility of the private parts and where is cutting off the hand for theft? It has been mentioned many times that the best analogy is made by Ahl al-Hadith because the closer a person is to Hadith, the more correct his analogy will be, and the farther he is from Hadith, the more corrupt his analogy will be.”
Remember, there is no authentic hadith about cutting off the hand for theft of less than ten dirhams, so analogizing and fixing the minimum as ten dirhams is not scholarly.
❀ Some people present this verse as evidence:
قَدْ عَلِمْنَا مَا فَرَضْنَا عَلَيْهِمْ فِي أَزْوَاجِهِمْ
“We have made clear what We have enjoined upon them concerning their wives.”
The word “enjoined” indicates that the amount of dower is fixed by Shariah because “enjoined” means prescribed.
Where does the dower come in this verse? This is an unwarranted specification. The Quran and Hadith do not fix a minimum amount for dower. The verse discusses rights and duties, food and maintenance, good treatment, and good social conduct. At most, it can be said that the number of wives is fixed simultaneously, that at most four wives can be kept at one time, or that marriage with women with the permission of their guardian is enjoined, etc. If dower is included among these, then the verse is ambiguous. The fabricated and false hadith of Jabir does not serve as an explanation for it. No Muslim says that the generality of the Quran should be explained by fabricated and false narrations. The Quran has fixed dower but has not fixed its minimum or maximum amount. The hadiths also indicate generality. The practice of the majority of the pious predecessors also shows that no minimum amount of dower was fixed.
❀ Allama Abdul Hai Lakhnawi Hanafi Sahib writes:
Some scholars have mentioned that the verse generally fixes the dower by Allah Almighty, and the solitary report explains and details this generality. But this is doubtful because here “ma” (what) does not mean dower, as is evident from the conjunction with “azwaj” (wives) following it, and the meaning of “enjoined” here is obligation and command, not fixing. It refers to the wives’ food, maintenance, and other rights, as the commentators have said. The door to interpretations is very wide; it is not appropriate to open it but safety lies in closing the door of interpretations. In summary, our scholars have not presented any conclusive evidence for fixing the minimum amount of dower as ten dirhams; therefore, it is obligatory to follow the absolute command of the Quran. Although this view opposes the Hanafis, it is the decisive opinion.
❀ He also writes:
Firstly, all the narrations about fixing ten dirhams are weak and not reliable, and Allama ‘Ayni’s statement that these hadiths reach the grade of Hasan due to multiple chains is absolutely incorrect because they have severe weakness and none of the chains is free from narrators who are liars or accused of lying.
Secondly, many authentic hadiths oppose them, indicating that dower less than ten dirhams is permissible.
Thirdly, these hadiths contradict the absolute command of the Quran, and according to them, the Quran cannot be specified by a solitary authentic report, let alone a weak solitary report.
These statements of Allama Abdul Hai Lakhnawi Hanafi are quoted from the work of Fadhilat al-Shaykh Allama Irshad al-Haq Athari Hafizahullah, the author of the Hanafi school, and Mawlana Abdul Hai Lakhnawi رحمه الله.
The hadith of Jabir has only one chain, in which Mubashshir bin Ubaid, a unanimously “rejected” narrator, is present. Therefore, saying that this narration reaches the grade of Hasan due to multiple chains is very strange.
Benefit: There are three types of dower:
➊ It is paid at the time of marriage. This is called Mahr Mu’jjal (prompt dower).
➋ It is fixed at the time of marriage but paid later. This is called Mahr Ghair Mu’jjal (deferred dower).
➌ The amount of dower is not fixed at the time of marriage and is given later. This is called Nikah Tafweed (delegated marriage), which is permissible. In this case, the dower must be Mahr Mithl (equivalent dower). Mahr Mithl means the dower given to the bride’s sisters and women of the paternal family.
No minimum amount of dower is fixed. Whatever is mutually agreed upon as dower, the marriage is valid and permissible.
❀ Imam Ibn Mundhir رحمه الله
says:
لا نعلم حجة تثبت صداقا معلوما، لا يجوز غيره.
“We do not know of any evidence that fixes the dower amount such that no dower is permissible except that amount.”
و ما ملكت ايما نهم
