What are the conditions necessary for the validity of Nikah according to the Mazhab of Imam Abu Hanifa and Imam Shafii.
How should a Hanafi lmam perform the Nikah of Muslims who are following Imam Shafii?
How should a Shafii lmam perform the Nikah of Muslims who are following Imam Abu Hanifah?
4.How should a Hanafi Imam perform the Nikah of two Muslims when one of them is following Imam Shafii and the other one is a Hanafi?
A.) Nikah is performed with a proposal (Iejaab) by the male or female and acceptance (Qubool) by the male or female in the past tense and in the presence of two male Muslim witnesses (Hidaaya vol. 2).
It is Sunnat that the marriage be announced and performed in the Masjid and the bride be represented by her Mahram (Unmarriageable relative like father, brother, etc.). The bride gives consent to her representative (Wakeel) in the presence of two witnesses to perform her marriage at the Masjid. At the Masjid, the Wakeel represents the bride in the presence of the two witnesses and the stipulated dowry. The witnesses must be two trustworthy and pious male Muslims who are not her ascendants e.g. father, grandfather or descendants e.g. son, grandson, etc.
The Mahr (dowry) is the woman’s right and should be stipulated prior to the marriage.
The procedure of nikah is the same according to both Madhabs, i.e. Hanafis and Shaafi’ees.
In this thread you mentioned something of great discussion :-
The Mahr (dowry) is the woman's right and should be stipulated prior to the marriage
I have heard that according to Islamic traditions, the woman has to be given her Haq-ae-mahr (dowry) prior to the marriage being consumated. This is an islamic tradition that was part of the rights of women and therefore, a woman should not need to necessarily wait until later to ask of it.
Has anyone heard anything different ? True or not true ?
Based on my research (that I have posted on GS before) it has to be stipulated before marriage. The payment is dependent on parties' mutual agreement. The woman may insist on it upfront, or delay part or whole of it for a later date or on demand. Its all left for the bride to decide.
Therefore, it would be right to say that one should set an amount of haq-ae-mahr that is affordable and should be able to be provided up front, if the woman requests of it. I see many people set dollar figures that may be way beyond their financial reach at the time of nikkah.
Therefore, it is a wrong practice to set such high dollar vaules. One should remain in their "aukaat" and set an affordable value.
Definitely. Some people set it too low (Rs 34) claiming its "sunnah" and some women insist on a very high amount that the guy can not possibly pay right away. This is deemed as "security". In either case, I think it should be mutually agreed. The girl should not accept too low of an amount, and the guy should think hard when a very high amount is demanded. If the parties can not agree on a suitable mehr, the marriage should be put off.
I will also add that unpaid mehr is treated like a loan, and is paid out of the estate if the man dies before paying it.
Meher is of two types, Mo'akhir and Mo'ajil... Mo'akhir is the one where both parties agree that Meher will be delayed and will be paid after the nikah sometime (could be years or months, based on agreed upon duration)... it is preferred that the meher is paid at the earliest... Mo'ajil is the one where the Meher has to be paid at the time of nikah... Nikah-nama usually captures the type of Meher and amount.
Both parties should be in agreement on the amount before the nikkah unless of course the bride decides to let go part or the whole of Meher.
I believe there is a third type.. called "Inda-Talab" - On Demand - that basically means that the payment of mehr is delayed and shall be made when the bride demands it.
In all cases, it should be mutually agreed and clearly established in the nikahnaama.
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*Originally posted by armughal: *
how do u guys see the notion of mehr acting as a security for the woman's marriage????
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The conventional wisdom is that with a high enough mehr that is unpaid (inda-talab or gher-mo'ajjil), the guy will think very carefully if he is considering an extra-marital fling that may lead up to divorce.