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Shafaq A K. Mahr in Afghan Law: Amount, Conditions, Factors of Establishment, and Enforcement Mechanisms. SRQJL 2026; 3 (3) :94-116
URL: http://srqjl.knu.edu.af/article-1-108-en.html

As one of the legal effects of marriage, mahr plays a significant role in regulating the financial relations between spouses and refers to the property that the wife becomes entitled to receive from her husband upon the conclusion of marriage. Using a descriptive-analytical method and drawing on legal sources, Islamic jurisprudence, and legal doctrine, this study aims to clarify the rules governing mahr by examining its concept, types, amount, conditions, and the factors that establish it and by analyzing its legal enforcement mechanisms under Afghan law. The findings indicate that although the Civil Code and the Personal Status Law are similar in many respects, they differ in certain rulings such as the determination of a maximum limit for mahr, its conditions, and its enforcement mechanisms. Moreover, challenges such as the unreasonable determination of mahr, women’s lack of awareness of their legal rights, and the husband’s inability to pay the mahr are among the major causes of family disputes. The results further show that adopting personalized criteria (such as the husband’s potential financial capacity) in determining the maximum mahr, as well as recognizing legal mechanisms such as the right of retention (haqq al habs), play a significant role in protecting the wife’s rights and promoting balance within family relations.