from one side and the acceptance from the other, or that the one should precede the other. The words of mutual consent may be addressed to each other by the two parties, but generally it is the man who delivers the sermon (khaṭīb) who puts the proposal before each party, the latter giving consent to the proposal.
The second most important thing in marriage is mahr or dowry. The word generally used for dowry in the Holy Qur’ān is ajr (pl. ujūr), meaning reward and a gift that is given to the bride (LL.).25 The word ṣaduqāt (pl. of ṣaduqāh)26 is also once used in the Holy Qur’ān to signify the nuptial gift (4:4). Another word sometimes used in the Holy Qur’ān to indicate the nuptial gift is farīdzah, literally what has been made obligatory or an appointed portion. The word mahr is used in Ḥadīth to signify dowry, or the nuptial gift. According to the Holy Qur’ān, the mahr is given as a free gift by the husband to the wife at the time of contracting the marriage: “And give women their dowries as a free gift” (4:4). The payment of the mahr on the part of the husband is an admission of the independence of the wife, for she becomes the owner of property immediately on her marriage, though before it she may not have owned anything. The settling of a dowry on the woman at the marriage is obligatory; “And lawful for you are (all women) besides those, provided that you seek (them) with your property, taking them in marriage, not committing fornication. Then as to those whom you profit by (by marrying), give them their dowries as appointed” (4:24). The payment of dowry is also necessary in the case of marriage with a slave-girl: “So marry them with the permission of their masters and give them their dowries justly” (4:25); and also in the case of a Muslim marrying a non-Muslim woman: “And the chaste from among the believing women and the chaste from among those who have been given the Book before you, when you have given them their dowries, taking them in marriage” (5:5).
25 In fact, ajr is that in which there is gain but no loss (R.).
26 Other words from the same root signifying dowry are ṣudāq and ṣidāq. The root word ṣadaqa (verb) means he was truthful, and an obligatory deed is called a ṣadaqa (noun) when the doer of it aims thereby at truthfulness (R.).