Is Marriage Valid without Mahr?

Question

Is a marriage valid in Islam if no mahr (dowry) is mentioned during the contract?

Bottom Line

Yes. A marriage contract without mentioning the mahr is valid. The wife is still entitled to a fair mahr, similar to that of women of her status.

Quick Answer

The mahr is an essential right of the wife, but not a condition for the validity of the contract. If a marriage contract is concluded with witnesses and a guardian, but the mahr is not specified, the marriage is still valid. In such a case, the wife is entitled to a *mahr al-mithl* (dowry equivalent to that of women of her social standing).

Key Takeaway

• The marriage contract remains valid even if the mahr is not specified at the time of the agreement.
• The wife retains the right to a mahr, determined by comparison with similar women in her family and community.
• If the couple later agrees on an amount, that agreement is valid.
• A judge may step in to define the mahr if disputes arise.

Detailed Answer

Marriage in Islam is established through the correct contract: the presence of a wali (guardian), two witnesses, and acceptance. Mentioning the mahr is recommended, but it is not a condition for validity.

Allah says:

“There is no sin on you if you divorce women while you have not touched them, nor appointed unto them their dowry.” (Al-Baqarah 2:236)

This verse shows that marriage may occur without specifying the dowry. If divorce happens before consummation and without assigning mahr, there is no sin.

The case of Birwa‘ bint Washiq further confirms this. Ibn Mas‘ud (RA) ruled that if a man married without specifying a mahr and died before consummation, the woman was entitled to a dowry equal to that of her peers, inheritance, and must observe ‘iddah. The Prophet ﷺ affirmed this ruling.

Two scenarios exist:

No mahr mentioned at all in the contract – the wife receives a mahr like her peers.

A general statement without specifying an amount – the mahr is later decided by mutual agreement or by a judge.

Scholars like Ibn Qudamah and later commentators agree: such marriages are valid, but the wife’s right to mahr remains intact.

Modern Harm

• Exploitation risk: Not specifying mahr upfront may lead to disputes or unfair dowries.
• Family disputes: Ambiguity can create tension between families and weaken marital trust.
• Legal issues: In courts, failure to specify mahr often complicates divorce or inheritance cases.

To prevent harm, scholars advise specifying a fair mahr during the contract, even if small.

What This Means for You

Your marriage is valid even if the mahr was not mentioned in the contract. The wife is entitled to a fair dowry, comparable to women of her status. If both spouses later agree on a set amount, it is binding. For clarity and protection of rights, it is recommended to state the mahr at the time of the contract.

And Allah knows best.

References

Primary Sources

Qur’an

1. Al-Baqarah 2:236: Marriage may occur without assigning a dowry.

Hadith

2. Sunan Abi Dawud 2117: Case of Birwa‘ bint Washiq, confirmed by the Prophet ﷺ.

Secondary Sources

3. Ibn Qudamah, Al-Mughni (7/182): Marriage valid without stating dowry; wife entitled to mahr of peers.
4. Zad al-Mustaqni‘: Judge may assign mahr if not specified, unless couple agrees.
5. Ibn ‘Uthaymeen, Ash-Sharh al-Mumti‘ (12/315): Agreement between spouses on mahr without court is valid.