It would appear from this that the Holy Qur’ān renders the payment of dowry necessary at the time of marriage. Ḥadīth leads to the same conclusion. The payment of the dowry was necessary even though it might be a very small sum (Bu. 67:51,52; AD. 12:29, 30, 31). In exceptional cases, marriage is legal even though the amount of mahr has not been specified, but it is obligatory and must be paid afterwards. Thus the Holy Qur’ān says, speaking of divorce: “There is no blame on you if you divorce women when you have not touched them, or appointed for them a dowry” (2:236). This shows that marriage is valid without specifying a dowry. Ḥadīth also speaks of the validity of a marriage, even though dowry has not been named (AD. 12:31). But the dowry must be paid, either at the time of the consummation of marriage or afterwards. The amount of dowry in this case would depend upon the circumstances of the husband and the position of the wife. The Holy Qur’ān makes this clear by requiring the provision for the wife to depend upon the circumstances of the husband, “the wealthy according to his means and the straitened according to his means” (2:236). In a ḥadīth it is related that the case of a woman, whose husband had died before fixing a dowry and consummating marriage, was referred to ‘Abd Allāh ibn Mas‘ūd, who decided that she should be paid a dowry according to the dowry of the women of like status with herself, and his decision was afterwards found to be in accordance with the decision of the Holy Prophet in a similar case (AD. 12:31). In Jurisprudence, it is called customary dower (mahr mithl, lit., the mahr of those like her or her equals). It is determined by the mahr of her sisters and paternal aunts and uncles’ daughters (H.I, p. 304); that is to say, with reference to the social position of her father’s family. Therefore even if the dowry has not been specified at the marriage, it is to be determined and paid afterwards, and if unpaid in the husband’s lifetime, it is a charge on his property after his death. The plain words of the Holy Qur’ān require its payment at marriage, barring exceptional cases when it may be determined or paid afterwards. Imām Mālik follows this rule and renders payment necessary at marriage, while the Ḥanafī law treats it more or less as a debt.

No limits have been placed on the amount of mahr. The words used in the Holy Qur’ān show that any amount of dowry may be settled on