Tuesday, 11 October 2011

When a wife lets her husband off paying the Mahr

 

There
was a sistuation where a father asked for his daughter as Mahr, a Quran
straight away and to follow $20,000 later, The brother is unable to pay
this amount and the wife would like to pardon him, of this amount, is it
permissable?


Also
what if the wife didnt pardon this amount and they divorced soon after
would he still have to pay the amount to her after the divorce?
Is
it permissable for a brother to say that he would pay in Mahr somthing
which is not in his means?

Praise be to Allaah. 

There is
nothing wrong with a wife letting her husband off paying the Mahr, because
Allaah says (interpretation of the meaning):

“but if they, of their own good pleasure, remit any part of it
to you, take it, and enjoy it without fear of any harm (as Allâh has made
it lawful)” [al-Nisaa’ 4:4]

 This
deferred payment becomes due in the case of divorce after the consummation
of the marriage, even if the time-period involved is short – unless the
woman demands khul’ [a kind of divorce instigated by the wife] and gives
up her right to the money, as a compensation to the husband for leaving
him. This is OK is the khul’ is done for a legitimate reason and not
just for the sake of getting the money. Allaah says (interpretation of the
meaning):

“…
and you should not treat them with harshness, that you may take away part
of the Mahr you have given them, unless they commit open illegal sexual
intercourse…” [al-Nisaa’ 4:19]

 It
is permissible for the husband to say “I will give you such and such as
a Mahr”, even if he does not own it; he should explain to them that this
is to be paid later rather than sooner, and it will be a debt that he
owes. And Allaah knows best.

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