تحلیل فقهی مهریه در اسلام و تأثیر آن برحقوق زنان

Abstract (English)

Mahr (dower) in Islamic jurisprudence is considered one of the fundamental institutions of family law and plays an important role in regulating marital relations and protecting women’s financial rights. However, in contemporary societies, the expansion of customary interpretations, the determination of excessive dowers, and the deviation from its original legislative philosophy have led to legal challenges and an increase in family disputes. In this context, a jurisprudential re-examination of mahr, with emphasis on the Hanafi school of law, can play a crucial role in clarifying its proper status and function. Accordingly, this study aims to re-examine mahr in Islamic jurisprudence and to investigate its status, function, and contemporary challenges with a particular focus on the Hanafi school. It seeks to answer the question of what position mahr holds in Islamic law and how its contemporary challenges can be interpreted. The research adopts a descriptive–analytical method based on library sources. The findings indicate that, according to the teachings of the Holy Qur’an, the Prophetic Sunnah (peace be upon him), and reliable juristic sources, mahr is an independent financial right of the woman and a dignity-based and protective institution that emphasizes her financial entitlement and economic independence. It should not be reduced to a tool of pressure, transaction, or social competition. The results further show that a significant part of the contemporary challenges related to mahr does not originate from the foundations of Islamic jurisprudence but rather from excessive customary practices and a departure from its legislative philosophy. Therefore, a return to the authentic principles of Islamic jurisprudence can play an effective role in reducing family conflicts, safeguarding women’s financial rights, and strengthening the institution of the family.

English