FRIDAY FOCUS: Understanding Mahr, Than and the Nikah Nama

(Part 2 of the ongoing public discussion)

Dr Fiaz Maqbool Fazili

Today, let’s revisit the growing public discussion about Haq Mahr and Than in Kashmiri marriages. The exchange involving Mufti Azam, Islamic researcher Dr Fiaz Maqbool Fazili and journalist Peerzada Masroor has brought an important issue to the fore: do families understand the religious and practical implications of the terms recorded in their Nikah Nama?

The purpose is not to question anyone’s sincerity or turn a scholarly discussion into a personal dispute. It is to distinguish established Islamic principles from local customs whose origins and precise legal status require clarification.

The clarification attributed to Mufti Nazir Qasmi—that a genuine gift involves a transfer rather than merely temporary use—also raises a practical question: when jewellery or another item is entered into a marriage arrangement, does ownership actually change?

These questions deserve evidence-based answers. Here are the key issues.

1. What is Mahr, and whose right is it?

Mahr, also called Sadaq, is the wife’s marital entitlement under Islamic law. It is not the price of a bride, a payment to her parents or a measure of her worth. Qur’an 4:4 instructs men to give women their bridal gifts graciously.

The amount and payment terms should be clearly agreed and recorded. Mahr belongs to the wife, and an amount written merely for appearances should not be confused with an obligation genuinely intended to be fulfilled.

2. Is a Nikah invalid if Mahr is not specified?

Not automatically. The major Sunni schools recognise that a marriage may be valid even where no specific Mahr was stipulated, although the resulting rights and obligations depend on the circumstances. Qur’an 2:236 addresses divorce before consummation where no Mahr was specified.

Families should not make blanket assumptions about an individual marriage. A qualified mufti should assess the facts and explain the applicable ruling.

1. Must Mahr be paid in cash, and must it be high?

Mahr need not always be cash; depending on the applicable rules, it may consist of specified property or another lawful benefit. In Sahih al-Bukhari 5121, the Prophet ﷺ referred to an iron ring when advising a man seeking to marry. Sahih Muslim 1427 records a marriage involving a modest gold Mahr.

These narrations illustrate flexibility, not a universal maximum or minimum. A substantial Mahr is not automatically unlawful—Qur’an 4:20 acknowledges a considerable amount—but families should distinguish genuine financial security from social competition.

The question “Chum ta karaas kyah?”—what are we trying to achieve?—is worth asking whenever a figure is chosen primarily to impress others.

1. What does Than mean, and where did it originate?

Than is a term used in Kashmiri marriage practice, but its precise meaning may vary according to how families and officiants use it. Its linguistic origin and historical introduction into the Nikah Nama should not be asserted without documentary evidence.

Researchers need to examine older marriage forms, archival records, administrative instructions and relevant scholarly opinions. Until such evidence is available, a definitive claim about who introduced Than or what the word originally meant would be premature.

1. What is Than’s Islamic basis?

This is the central question. Is Than intended as a gift, part of Mahr, a separate marital entitlement, a loan or another customary arrangement?

Calling something a gift does not settle its legal status. Scholars should explain the relevant Qur’anic evidence, authentic Hadith and recognised jurisprudential reasoning, specifying how these sources apply to the Kashmiri practice.

A public claim of religious authority should be supported by precise references and explanations, not merely general references to a Qur’anic chapter.

1. Is Than the same as Qur’anic Mut‘ah?

The two should not be equated without evidence. Qur’an 2:236 and 2:241 discuss provision or a gift for a divorced woman in relevant circumstances. The Arabic term matāʿ has broader meanings, but its significance depends on context and recognised interpretation.

A similarity in terminology does not establish that Than and Qur’anic Mut‘ah have the same legal meaning. Qualified scholars should clarify whether any connection exists in authoritative sources.

1. Is Than essential for a valid Nikah?

Families should not assume that every local custom is an essential condition of marriage. Mahr is an established marital entitlement; Than’s precise status in Kashmiri practice is a separate matter requiring authoritative clarification.

Until that clarification is available, no one should declare Than indispensable to a valid Nikah without a sound juristic basis. Individual cases should be referred to qualified scholars.

1. What if Than involves an item that must be returned?

The distinction between a gift and a loan is fundamental. A genuine gift ordinarily involves an intention to transfer ownership, subject to Islamic legal requirements. Lending jewellery for a ceremony does not necessarily mean gifting it to the bride.

If an item is meant to be returned, the arrangement should say so clearly. The Nikah Nama or accompanying documentation should identify the item, its recipient, the ownership terms and any return conditions. Ambiguous wording can create avoidable disputes.

1. Should Than remain in the Nikah Nama?

The answer should depend on clarity and evidence, not sentiment alone. If the term is retained, it should be defined precisely and its consequences explained to both spouses. If it repeatedly causes confusion, a clearer description may be preferable.

Any change should be considered by qualified scholars and relevant authorities, informed by research into the custom and its actual use.

1. What should Nikah Khwans and religious institutions do?

Nikah Khwans should be equipped to explain the terms they record, distinguish religious requirements from customary practice, and refer difficult questions to qualified authorities. This is a call for training and consistent guidance, not an accusation against every officiant.

I respectfully appeal to Mufti Azam, Mufti Nazir Qasmi, the relevant Sharia Council, the Muslim Personal Law Board and Kashmir’s wider scholarly community to convene a dedicated seminar on Mahr and Than. Islamic researchers, historians, linguists, marriage registrars and representatives concerned with women’s rights should contribute.

The outcome should be a written, accessible guideline supported by evidence. Where scholars differ, those differences should be acknowledged; where the evidence is inconclusive, that should be stated honestly.

An officiant who encounters possible deception, coercion or a serious religious concern should investigate, explain the issue and seek qualified advice. Refusal to conduct a Nikah should not be an automatic response to every disputed customary term. The effect on a particular marriage requires careful assessment.

Clarity before the signature

The debate should not become a contest between personalities or institutions. It should help families understand their rights and obligations before signing a document with potentially lasting consequences.

A model Nikah Nama should clearly state the Mahr amount and payment terms, distinguish it from other gifts, and specify whether an item is transferred permanently or lent temporarily. Both spouses should understand the wording and agree without coercion or misleading explanations.

Our objective should be neither to abolish a custom without examination nor to preserve it without evidence. It should be to establish what is grounded in Islamic teaching, what is customary, and what requires clarification or reform.

Kashmir’s families deserve clear answers before marriage—not uncertainty after a dispute.
(STRAIGHT TALK COMMUNICATIONS EXCLUSIVE. The author is Postgraduate Diploma in Islamic Studies and Fiqh al-Sunnah)
(Disclaimer: This is an educational opinion article, not a fatwa or substitute for guidance from qualified Muftis, Ulema, the relevant Sharia Board or legal professionals. The origin and precise Islamic legal status of Than in Kashmiri marriage practice require further authoritative research.)