Is Marriage Valid without Mahr?

The issue of whether Mahr is necessary to make the marriage valid is a common question. Mahr is a mandatory gift. However marriage without Mahr is valid.
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Image: M. Faiz/The Islamic Information

Marriage is valid without Mahr.

SUMMARY:

  • The amount of Mahr is decided by the Judge. Both parties can also mutually decide the Mahr.

In the name of Allah, the Merciful.

Mahr is a critical element in Islamic marriages. Mahr is a mandatory gift from husband to wife. It is given at the time of Nikkah.

The question arises will Nikkah without Mahr be valid or not? The fatwa below answers that question.

    Is Marriage without Mahr Valid?

    The wife gets a Mahr comparable to that of her peers. The marriage without Mahr is valid. However, it is better to pay the amount as soon as possible.

    The Judge decides the Mahr amount. However, if the Mahr amount has been discussed previously and agreed upon by both parties it is okay.

    Evidence

    1. In Surah Al Baqarah 2:236, it is stated that there is no sin in divorcing women in either of two conditions. The first is that the man has not touched her. The second is that he has not given Mahr to her. This tells us that marriage without Mahr is valid too.
    2. A Hadith in Al Tirmidhi clarifies this too. As per Ibn Mas’ood, a woman came whose husband died before specifying her Mahr. She was told that she must observe iddah. Moreover, she was entitled to her husband’s inheritance too.

    There are two scenarios of marriage without Mahr. The first is when the guardian of the girl gives a hand without mentioning any Mahr. The second is when the Mahr is mentioned but the exact amount is not stated. Thus the wife will receive Mahr similarly to her peers.

    Thus the marriage remains valid without Mahr. The woman must be mature and if she agrees with the Mahr it is valid.

    And Allah Knows the Best

    Got a question? Feel free to ask mufti and get quick answers.

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