Concept Of “Mahr” As A Security Vs. Symbol: Reassessing Its Legal Status In Muslim Marriages
- IJLLR Journal
- Jun 19
- 1 min read
Rohan Meena, B.A LL.B., Manipal University, Jaipur
ABSTRACT
In Muslim marriages, Mahr or the dower serves as a dual purpose of being legally binding and symbolic. It has religious roots as a sign of love and respect from the husband to his wife. However, in the contemporary world, it is treated differently by legal systems, especially in India, and raises serious questions. All the courts have often taken different steps in acknowledging it as a legally binding financial security and at other times viewing it as symbolic. This article offers an in-depth study of Mahr and its changing legal interpretation in both Indian and Islamic legal systems. It examines Mahr’s original intent and its current implications for Muslim women’s rights using doctrinal and comparative methodologies.
This study also contends that to bring personal law into compliance with constitutional gender justice principles, including a review of statutory and case laws from Malaysia, Pakistan, and Egypt, Mahr must be more clearly reclassified as a type of economic security.
Keywords: Mahr, Security, Symbolic, Muslim Marriage, Gender justice, Personal Law, Islamic Law, Comparative Jurisprudence
