Ruling on adjusting dowries mahr and linking them to changes in currency value

Authors

  • Professor Dr. Mohammed Mutlaq Assaf Professor of Jurisprudence and its Principles, Head of the Department of Jurisprudence and Legislation, College of Islamic Call, Al-Quds University, Palestine
  • Ashjan Mohammed Abdulrahim Yousif PhD Researcher in the Joint Program of Jurisprudence and its Principles at Al-Quds, An-Najah, and Hebron Universities

Abstract

This research aims to explain the impact of changes in the value of money or its depreciation on the payment of dowries (MAHR) or the adjustment of their value. The study discusses the definition of (Mahr), its legitimacy in Islam, conditions, forms, ownership, minimum and maximum limits. It also addresses the types, conditions, and functions of money, noting that contemporary currency differs significantly from the money used during the time of the Prophet Muhammad (peace be upon him). Modern money serves multiple functions, such as a measure of value, a store of value, and a standard for deferred payments. The research also examines the forms of currency fluctuation: in cases of severe depreciation, payment must be made according to the value at the time of depreciation. Regarding inflation or deflation, scholars hold differing views. Some argue that even if the currency significantly loses value, the debtor must repay the same amount. Others believe that payment should be made based on the currency's value. A third opinion suggests paying the same amount if the difference is negligible but using the value if the depreciation is substantial. A fourth opinion advocates applying the doctrine of unforeseen circumstances, leaving the matter to the judge to assess the damage and divide it equally between the parties. This conclusion was favored, as it represents both fairness and logic, ensuring that no one party bears the responsibility alone.

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Published

2024-12-06

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Section

Articles