Evaluating Mahr at the time of Nikah

24 Jan 2022 · 21 Jumada II 1443 AH1 min readEnglish

Question

I would like to know that when calculating the value of jewellery for Mahr, what price is taken into consideration?

The price that was paid for the item, or the price of the gold value of the item?

Many a times, there is a huge difference between the actual purchase price, and the evaluation a jeweller would offer you for the same item.

The evaluation considers the gold quality and quantity, whereas when purchasing the item, the style, design, brand, etc. amongst other things, influence the purchase price.

As an example, an item could be purchased for R100 000, but a jeweller would later evaluate it at only R20 000.

Am i correct to say, in this example, Zakaat will only be due on R20 000?

Could respected Mufti Saheb kindly provide some clarity regarding the calculation/amount to be taken into consideration for Mahr, please?

Answer

The market value of the item should be taken into consideration. The market value is that amount or value which the item will fetch in the market place. This is the same value taken into consideration in Zakaat.

It is not necessary that jewellery merchants purchase gold from their clients at the current market value. They generally purchase gold at below market value and then resell at a much higher price. Hence, you would need to find out the market value of the jewellery, and utilize that value for Mahr purposes, particularly when jewellery (that was purchased many years ago) is being given as Mahr at this stage.

References (Arabic / Urdu sources)

جس قیمت پر بازار میں فروخت ہوسکتا ہے اسی قیمت کا اعتبار کرکے زکوة نکالی جائے گی (فتاوی عثمانی ص۶۷ ج۲)

لأن الواجب الأصلي عندهما هو ربع عشر العين وإنما له ولاية النقل إلى القيمة يوم الأداء فيعتبر قيمتها يوم الأداء، والصحيح أن هذا مذهب جميع أصحابنا (بدائع الصنائع ص22 ج2)

Answered by: Mufti Mohammed Desai

View original Compare with other Darul Iftas

Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Darul Ifta Ibn Masood. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Darul Ifta Ibn Masood — https://fataawa.co.za/evaluating-mahr-at-the-time-of-nikah/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-15977

Question

Answer

People also ask

Related fatawa