Legal Definitions - sadaq

Sadaq, also known as mahr, is a mandatory payment or gift that a groom must provide to his bride as a fundamental condition of an Islamic marriage contract. It is considered the exclusive property of the bride and is not a dowry, which is typically given by the bride's family to the groom or his family. The sadaq can be paid immediately at the time of marriage (known as prompt sadaq) or deferred to a later date, such as upon divorce or the husband's death (known as deferred sadaq). Its purpose is to provide the wife with financial security and to demonstrate the husband's commitment to the marriage.

• Example 1 (Prompt Monetary Sadaq): During their engagement, Aisha and Omar discuss the terms of their upcoming Islamic marriage. Omar agrees to give Aisha $10,000 as her sadaq, which he will present to her in full on the day of their wedding ceremony, before the marriage contract is finalized.

  Explanation: This illustrates sadaq as a direct, mandatory monetary payment from the groom to the bride, given promptly at the time of marriage, becoming her exclusive property as a condition for the marriage contract.

• Example 2 (Deferred Sadaq with Property): Before their marriage, Fatima and Karim agree that Karim will transfer ownership of a small apartment he owns to Fatima as her sadaq. However, they stipulate in their marriage contract that the legal transfer of ownership will only occur if they divorce or upon Karim's passing.

  Explanation: This demonstrates sadaq as a deferred payment, where the agreed-upon gift (the apartment) is not immediately transferred but is guaranteed to the bride at a future specified event, serving as her financial security and exclusive property.

• Example 3 (Non-Monetary Sadaq): When Layla and Yusuf marry, Yusuf, a skilled artisan, promises to create a unique, custom-designed piece of jewelry for Layla, using precious stones and metals, as her sadaq. The significant value of the materials and his craftsmanship is formally recorded in their marriage contract as her exclusive property.

  Explanation: This example shows that sadaq does not always have to be a sum of money; it can also be a valuable non-monetary gift, such as jewelry, which is explicitly designated as the bride's exclusive property and a fundamental condition of the marriage.