Friday 12 September 2014

Payment of Dowry Comes First, Then Mutual Agreement

LESSON # 492 FROM HOLY QUR’AN
Payment of Dowry Comes First, Then Mutual Agreement
Surah NISAAA’  (WOMEN) - Chapter - 4)
Verses –24b of 176, Section –4/24 (Part – 5)

And those of whom ye seek content (by marrying them), give unto them their dowries as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise. 
Famas-tamta’-tum-bihii  min-hunna  fa-‘aatuuhunna  ‘ujuura  hunna  fariizaah.  Wa  laa  junaaha  ‘alay-kum  fiimaa  taraa-zaytum-  bihii  mim-  ba’-dil-  fariizah.  ‘Innallaaha  kaana  ‘Aliiman  Hakiimaa.



Lesson

‘as-tamta’-tum – ‘is-tamtaa’-‘un has been used as infinitive mood, which means ‘to get advantage, to enjoy’. Here it aims living of husband and wife together in solitude for a long time.  

‘ujuura  hunna(their rights), ‘ujuur is plural of ‘ajr, which means wages, retaliation. Here it points towards the Mahr of the women (the dowry to be paid by the husband).

The orders regarding the Mahr (the money or its value resting upon the husband after marriage) have been ordained in this part of the verse. That is to say; any man married a woman and took the benefit from her for a fixed duration, then it is necessary to give that woman completely amount of the Mahr. Moreover, until the woman does not forgive it by herself, the payment of the Mahr is essential. It has been noticed from the hindrance of the word ‘is-tamtaa’-‘un that if one has not got any advantage from the woman and her husband has divorced her, then the husband is not bound to pay the entire amount of dowry. Its complete detail was discussed in Surah Al-Baqra (The Cow). After that, it has been described that in determination of the dowry and its payment, increasing and decreasing the dowry is lawful with mutual agreement between husband and wife. That is to say; after fixing the amount of Mahr, if either the wife decreases the amount of dowry happily or the husband gives more than the specified amount of Mahr willingly to her wife then it is no sin. However, only the condition is that they both ‘husband and wife’ should be willing to do so mutually.

At the end, Allah Almighty directed that He knows the expedience, all kinds of advantages and disadvantages of the human beings and His orders are full of wisdom. Betterment and prosperity for the people is hidden in obedience of His orders in the world and the Hereafter, and if they disobey His orders then there will be failure in the world and disgrace in the Hereafter.

Relationship of husband and wife is a very important matter. Dependence of the continuance of human generation (and perfect growth and education of the children) is connected with the mutual pleasant relation and assistance between both of them. Only their strong relation is the origin of prosperity and well-being of the children. Therefore, it is essential to understand and act upon the laws, which Allah Almighty has described in Holy Qur’an.

It has come to know from this verse that the determination of dowry is a necessary thing for the nuptial and its payment is incumbent on the man.


Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazar, Lahore, Lesson collected from Dars e Qur’an published By Idara Islah wa Tableegh, Lahore (translated Urdu to English  by Muhammad Sharif).

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