Why did Allah ordain the mahr (dower) upon men for women, and not upon women, even though both parties enjoy it?
Most scholars are of the opinion that the mahr (dowry) is a right of the wife in exchange for the man being permitted to her private parts. This is supported by the hadith: "Any woman who marries without the permission of her wali (guardian), her marriage is invalid... If he has consummated the marriage with her, she is entitled to the mahr for having permitted him to her private parts." Indeed, some scholars believe that a woman is compensated in a void marriage merely for the pleasure derived from her. As for the woman, she is not required to offer compensation for her enjoyment with the man, because her enjoyment is secondary to the man's enjoyment, which is his right, and she must fulfill his request unless she has a valid excuse. The proof for this is the hadith: "If a man calls his wife to his bed and she refuses to come, the angels curse her until morning." Islam has also prohibited a woman from performing voluntary acts of worship when her husband is present, except with his permission. As for the man, he has the right to refuse intimacy if his wife calls him to bed, as long as it does not reach the point of causing harm, which has been estimated at more than three days.
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- Original fatwa ID
- 69090
- Imported
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- Source text, unreviewed
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