A Study on the Implementation of Dowry Culture in Afghanistan

Abstract

The mahr, which becomes obligatory upon the man with the conclusion of the marriage contract (nikah), holds significant importance as it ensures the financial security of the woman throughout the marriage. In Islam, the mahr is regarded as the exclusive property of the woman and must be given directly to her, not to her father or guardian. However, in some societies, this practice is misinterpreted through traditional terms such as “bride price,” leading to the erosion of women’s rights. In Afghanistan, the practice of mahr has diverged from the form prescribed by Islam and is carried out under various names such as Qalin, Shirbaha, Walwar, Kabin, Galah, and Toyanah. Although the Afghan Civil Code, adopted in 2004, is based on Hanafi jurisprudence, many people continue to adhere to local customs. The ongoing confusion between mahr and bride price in certain regions contributes to violations of women’s rights. This study thoroughly examines the differences between the Islamic concept of mahr and its practice among the Afghan people. It also addresses the negative effects of the bride price system on women, as well as the regional variations in its application. Furthermore, the article considers the position of the Islamic Emirate of Afghanistan regarding mahr. In conclusion, the diversity of mahr-related practices presents a significant challenge to the protection of women’s rights.