A Jurisprudential and Legal Analysis of Mahr (Dower) with Special Reference to Decree No. 17 of the Amir al-Mu’minin

Abstract

Mahr (dower) appears to be one of the legal and financial institutions established in Islamic law to safeguard the dignity, status, and economic security of women. Nevertheless, within the traditional and customary contexts of many Muslim societies, particularly Afghanistan, this institution has undergone significant distortions and has been affected by practices such as excessive dowries, forced marriages, and the widespread custom of Toyana (Walwar or bride price). This study aims to examine the jurisprudential and legal nature and functions of mahr, with particular emphasis on Decree No. 17 of the Amir al-Mu’minin, which seeks to address social problems arising from non-Islamic customs and practices. Employing a descriptive-analytical methodology, the research draws upon Islamic jurisprudential sources-especially Hanafi jurisprudence—legal texts, family sociology literature, and an analysis of legislative documents and governmental decrees issued by the Islamic Emirate of Afghanistan. The findings indicate that, contrary to commodifying perceptions of women and certain un-Islamic customary practices, mahr does not constitute the price of a woman. Rather, it functions as a voluntary matrimonial gift, a form of economic security, a mechanism for balancing power relations within marriage, and a bargaining instrument available to the wife during marital disputes. The study further demonstrates that customary practices such as Toyana (Walwar) have effectively undermined women's financial autonomy and contributed to the escalation of marriage-related expenses. Moreover, Decree No. 17, by clearly distinguishing mahr from Toyana, criminalizing forced marriages (including the practice of Bad), recognizing the wife’s exclusive ownership rights over mahr, and reducing excessive wedding expenditures, represents a significant structural step toward restoring women’s legal capacity, facilitating marriage, and protecting the foundations of the family in Afghanistan.