THE RULINGS ON SADAQ (MAHR) ACCORDING TO THE FOUR SCHOOLS OF ISLAMIC LAW
Abstract
This project examines the legal concept of Sadaq (Mahr), a mandatory bridal gift from the groom to the bride in Islamic marriage contracts, through the lens of the four major Sunni schools of Islamic jurisprudence: Hanafi, Maliki, Shafi'i, and Hanbali. The study explores the meaning of marriage, its essentials, position of marriage according to the four schools of Islamic law, Sadaq in Islam, meaning, position, and jurisprudential nuances surrounding Sadaq, including its obligatory nature, types (prompt vs. deferred), conditions of validity, minimum and maximum amounts, and implications in the case of divorce or death. While all four schools agree on the fundamental obligation of Sadaq, they differ in various legal details, such as whether a specific amount must be stipulated at the time of marriage, the treatment of non-monetary forms of Mahr, and the rights of the bride in claiming it. The research also addresses contemporary issues such as delayed payment and the enforceability of Sadaq in modern legal systems. Through a comparative analysis, this project highlights both the shared foundations and unique perspectives of each school, thereby contributing to a deeper understanding of Islamic matrimonial law and its practical applications in diverse cultural and legal contexts.
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