In a decree issued in 2024 by Sheikh Hibatullah Akhundzada, leader of the Islamic Emirate, on “preventing improper customs in society,” article 1, paragraph 6 emphasizes respecting women’s right to dower (mahr). The decree says that setting an excessively high dower is not proper and that dower is a woman’s right, which no one else has the right to take. It also describes excessively high and burdensome dower as one of the undesirable customs related to marriage.
However, religious scholars, Islamic jurisprudence experts and legal experts say that under Islamic Sharia and Hanafi jurisprudence, dower is a woman’s right, and no one has the right to force her to give it up. They say that if a woman is forced to give up her dower, the decision is not considered valid under Hanafi jurisprudence and is not permissible under Islamic Sharia.
Gul Hamid Hamid, an expert in Islamic jurisprudence, says dower is a woman’s exclusive right and no one has the right to force her to give it up, because forcing a woman to give up her dower is not permissible under Sharia. He explains,
“A woman’s genuine consent is an essential condition and the basis for legitimately giving up her dower. God says: ‘But if you want to replace a wife with another and you have given one of them a great amount [in gifts], do not take [back] anything from it. Would you take it in injustice and manifest sin?’ — Surah An-Nisa, verse 20. This means that if a man gets married and divorces his previous wife, he should pay her dower. Once the dower is determined, it becomes the woman’s exclusive right. No one can take it from her. Based on this verse, anyone who takes it from her is committing a sin and acting unjustly. In Islam, injustice is not permissible.”
Sharifullah Sharifi, a religious scholar, says the woman herself owns her dower, and if she willingly gives it to her husband, he can use it. He says,
“A woman can give up her right to dower if she wishes. God Almighty says in the Quran: ‘And give the women [upon marriage] their [bridal] gifts graciously. But if they willingly give up to you anything of it, then take it in satisfaction and ease.’ — Surah An-Nisa, verse 4.”
Abdul Rahman Saber, a legal expert, also says: “Dower is one of the most important financial rights of a woman, along with alimony and housing. Dower is an exclusive right of the woman, and the man is obligated to pay it. Both Islamic Sharia, based on the Quran and the hadiths of the Prophet (PBUH), and laws related to personal status emphasize the payment of dower. This is because dower is a woman’s right and is a religious and legal obligation of the husband.”
However, a number of women interviewed by Salam Watandar said that although they know dower is one of their financial rights against their husbands, they were forced to give it up.
One of the women from Sar-e Pol, who is a mother of four children, says a plot of land was set as her dower when she got married. However, her husband not only did not pay her dower but also forced her to give up her right to it.
“I have been married for nearly 15 years. I have four children, and I have spent all these years living with my husband and his family. When I got married, a plot of land was set as my dower and was also recorded in the marriage certificate (Nikah Nama). However, despite all these years passing, I have still not received my dower. I have not given up my dower because I believe it is my right. However, my husband has repeatedly told me to give it up and stop asking for it,” she says.
Another woman from Daikundi says she married her husband in Iran, where 15 Bahraini gold coins were set as her dower. However, she says that because her husband had limited knowledge of Islamic teachings, she was forced to give up her right to the dower.
“My dower was also set at a high amount in Iran—about 15 Bahraini gold coins—and it was officially recorded in the marriage certificate (Nikah Nama). At that time, both families and I had accepted it. After we returned from Iran and started living in Afghanistan, the issue of dower came up some time later. I did not have much experience in life, and I was afraid of ruining my life. In the end, I was forced to agree to give up my dower. Honestly, it was not a decision I made willingly,” she adds.
A woman from Baghlan says her dower was set at 400,000 Afghanis, but she was forced to give up her right to receive it because of family pressure.
She adds that after her husband died, she went to family elders to pursue her claim to the dower again, but was unable to get the result she wanted.
“My husband was ill, and we lived at my father-in-law’s house for several months. During that time, the issue of my dower was discussed every day. A few months after I gave up my dower, my husband died. After his death, I went to the family elders and told them that I had given up my dower because of family pressure and considerations. But I was told that I had signed the document myself, and I could not get any result,” she says.
Meanwhile, Khwaja Mohammad Omar Ghorbandi, a legal expert, says that if a woman is forced to give up her dower, she can seek justice through the courts or other legal and judicial institutions.
“When an act of possession is carried out without a person’s consent, their will is negated, and when the person’s will is not involved, such an act is not valid. Under Hanafi jurisprudence, a woman can go to a judge and file a case, proving that the dower belonged to her and that she gave it up under pressure or force. If the coercion is proven, the judge can order the husband to pay the dower,” he adds.
It is worth mentioning that dower is property that a man is required to give to a woman as part of the marriage, and the woman becomes its owner once the marriage contract (nikah) takes place. Legal experts say that if the husband or anyone else ignores this right, the woman can seek it through the courts and other legal and judicial institutions.
Reporter: Sharifa Qasemi
