Excerpted from the book “Ahkām wa Masā’il – In the Light of Qur’ān and Sunnah” by Shaykh Mubashar Ahmad Rabbānī
At what point does the mahr (dower) become obligatory on the husband? Is it due immediately upon the contract of marriage (ʿaqd al-nikāḥ), or is it only binding after physical intimacy or seclusion between husband and wife?
The full mahr becomes obligatory upon the husband in any one of the following three circumstances:
If the husband and wife are alone together in privacy, even without consummation, the mahr becomes fully due, and it cannot be reduced, even if divorce occurs immediately afterward.
Once marital relations take place, full mahr is due.
If the husband dies after the marriage contract but before consummation or seclusion, the mahr still becomes fully obligatory.
If a man contracts nikāḥ with a woman but:
Then the following rulings apply for the woman:
① She must observe the full ʿiddah (waiting period)
② She inherits from his estate
③ She is entitled to full mahr, or mahr mithl if a specific amount was not agreed upon
Some may question how the woman is entitled to all this when the husband didn’t even see or meet her.
🖋 The answer lies in the Qur’ān:
﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا﴾
Sūrat al-Baqarah: 234
“And those among you who die and leave behind wives — they shall wait (in ʿiddah) for four months and ten days.”
✔ This verse proves that as soon as the marriage contract is done, the woman legally becomes his wife, even if no physical relationship or contact has occurred.
✔ Full mahr becomes obligatory in any of the following cases:
✔ The woman becomes entitled to:
These rights are based on her status as legally wedded wife, which is established immediately upon the valid nikāḥ.
May Allah grant us the understanding of His laws and bless our marriages with clarity and blessings. Āmīn.
❖ Question:
At what point does the mahr (dower) become obligatory on the husband? Is it due immediately upon the contract of marriage (ʿaqd al-nikāḥ), or is it only binding after physical intimacy or seclusion between husband and wife?
❖ Answer:
The full mahr becomes obligatory upon the husband in any one of the following three circumstances:
① Valid Seclusion (Khalwah Ṣaḥīḥah):
If the husband and wife are alone together in privacy, even without consummation, the mahr becomes fully due, and it cannot be reduced, even if divorce occurs immediately afterward.
② Physical Intimacy (Sexual Relations):
Once marital relations take place, full mahr is due.
③ Death (of Husband or Wife):
If the husband dies after the marriage contract but before consummation or seclusion, the mahr still becomes fully obligatory.
❖ Example Scenario:
If a man contracts nikāḥ with a woman but:
- Does not consummate the marriage,
- Does not meet her in privacy,
- Has not even spoken to or seen her,
- And dies suddenly afterward,
Then the following rulings apply for the woman:
① She must observe the full ʿiddah (waiting period)
② She inherits from his estate
③ She is entitled to full mahr, or mahr mithl if a specific amount was not agreed upon
❖ Refutation of Doubts:
Some may question how the woman is entitled to all this when the husband didn’t even see or meet her.
🖋 The answer lies in the Qur’ān:
◈ Arabic Verse:
﴿وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا﴾
Sūrat al-Baqarah: 234◈ Translation:
“And those among you who die and leave behind wives — they shall wait (in ʿiddah) for four months and ten days.”
✔ This verse proves that as soon as the marriage contract is done, the woman legally becomes his wife, even if no physical relationship or contact has occurred.
❖ Summary:
✔ Full mahr becomes obligatory in any of the following cases:
- After valid seclusion (khalwah)
- After physical intimacy
- Upon death of the husband, even before consummation
✔ The woman becomes entitled to:
- Mahr (full or mahr mithl)
- Inheritance share
- ʿIddah observance
These rights are based on her status as legally wedded wife, which is established immediately upon the valid nikāḥ.
May Allah grant us the understanding of His laws and bless our marriages with clarity and blessings. Āmīn.