When is the *Mahr al-Mithl* (dower equivalent to the custom) required to be paid?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The *Mahr al-Mithl* must be paid immediately (*halan*). This is because it is a substitute for something that has been destroyed (*badal mutlaf*), akin to the valuation of destroyed property. It must be paid in the local currency (*naqd al-balad*). The *Mahr al-Mithl* is not treated like blood money (*diyah*) because *diyah* is fixed by Sharia and does not vary based on the characteristics of what was destroyed, implying it is legally structured for immediate or deferred payment without regard to external factors. Furthermore, *diyah* is a standardized compensation, whereas other payments are subject to custom.
Supporting text
If the custom among women is to defer the dower payment, there are two opinions: one states it must be stipulated as immediate due to its nature as a substitute for destruction; the second states it should be stipulated as deferred because the *Mahr al-Mithl* for women of that type is customarily deferred. Furthermore, if the custom is to lighten the dower when marrying within one's kin group but increase it when marrying outsiders, this difference must be taken into account.