Islamic marriage contract - Maher
Last revised May 23, 2024

Maher (alternately transliterated as mahr, mahar, mehr, or mehrieh) is a contract some Muslims enter into upon marriage.   It refers not to the contract of marriage itself, but to a contractual dowry to be paid by the husband to his wife in the event of divorce or death.  In Islamic law, Maher is a gift or contribution made by the husband-to-be to his wife-to-be, for her exclusive property, as a mark of respect for the bride, and as recognition of her independence. It is not, however, a gift in the traditional sense, but is in fact obligatory and the wife-to-be receives it as a right.

Maher can be cash, or any type of property given up front before the marriage or split into advance and deferred payments. The amount and timelines for payment will depend on customary considerations under Islamic law. In the case of deferred payment, the portion deferred has the effect of helping to look after a wife after divorce or after her husband’s death. Although a wife can waive payment of the Maher, she is entitled to it as a matter of Islamic religious principle.

Enforcing Maher agreements in Canada

A Maher is enforceable in Canadian courts to the extent that it adheres to applicable laws and requirements for a valid and binding contractual agreement between two parties. Each Maher is to be interpreted on its own terms and in consideration of the intentions of the parties at the time the contract was made.

Although Islamic law recognizes Maher without a written agreement, to enforce a Maher under provincial legislation it must be in writing, signed by both parties and witnessed. Litigating Maher agreements raises challenging questions as Islamic marriage and divorce laws do not always align with federal and provincial legislation.

Maher agreements have been recognized as valid in Canadian cases- sometimes awarded, sometimes not, depending on the particulars of each case.

Canadian cases that have determined the enforceability of Maher agreements:

 

References