What are the permissible arrangements for the dower (*Mahr*)?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

The dower may be settled immediately (*mu'ajjal*), deferred (*mu'ajjal*), or a combination of both immediate and deferred portions. This arrangement is permissible because the dower acts as a counter-value in a transaction, similar to the price (*thaman*). If the settlement timing is not explicitly stated, it defaults to immediate payment, just as an unspecified price is considered due immediately. If a time for deferment is stipulated, the payment becomes due at that agreed-upon time.

Supporting text

If the dower is deferred without a specific term, there are differing opinions on when it becomes due upon divorce or death. Imam Ahmad and scholars like Al-Nakha'i and Al-Sha'bi hold that the deferred portion only becomes due upon death or separation (*Firqa*). Conversely, Al-Hasan, Hammad ibn Abi Sulayman, Abu Hanifa, Al-Thawri, and Abu Ubaid rule that the deferment clause is void, and the entire dower becomes immediately due. Others suggest it becomes due upon divorce, departure from her residence, or if the husband marries another wife.