His father is unable to give his wife the dowry (mahr); can the son give it on behalf of his father?

My father couldnt give dowry(mahr) to my mother because of some reason, and my father is do not work as he retired from the company, can a son give the amount to his father. And offer my mother as dowry (Mahr)?.

Praise be to Allaah.

Firstly:

The dowry is the wife’s right over her husband. If the husband names a dowry for his wife, then he is not able to pay it, then it is a debt he owes like any other debt, unless the woman waives it willingly, in which case the husband is no longer liable for it, because it is the woman’s right and she has waived it. Allah, may He be exalted, says (interpretation of the meaning): “And give to the women (whom you marry) their Mahr (obligatory bridal money given by the husband to his wife at the time of marriage) with a good heart, 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 Allah has made it lawful)” [an-Nisa’ 4:4].  Continue reading

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Zakaah on the mahr that is deposited in the bank

Is zakaah due on the mahr that has been kept in the bank since I got married and I do not want to buy anything with it? If that is the case, how should I pay zakaah on it?.

Praise be to Allaah.

If a person owns wealth that reaches the nisaab (minimum threshold) and one full year has passed, he must pay zakaah on it, whether this wealth is cash, gold or silver, from the mahr (dowry) or anything else, whether he is saving it for a trip or to build a house or any other purpose.

The nisaab is the equivalent of 85 grams of gold or 595 grams of silver.

Based on that, if your mahr that is kept in the bank is equivalent to the nisaab or more, then you must pay zakaah on it every time one hijri year passes, so you must pay one-quarter of one-tenth of it (2.5%).

We must also point out that it is not permissible to keep money in riba-based banks except in cases of necessity or fear, to protect it, if there are no Islamic banks, so long as there is no interest involved.

And Allaah knows best. Continue reading

Zakaah on the later portion of the mahr

Is there any zakaah on the later portion of the mahr?.

Praise be to Allaah.

The later portion of the dowry is a debt that the husband owes to the wife. The view about zakaah on it is like the view on zakaah on all other kinds of debt. One of two scenarios must apply with regard to this dowry:

-1-

If the wife is able to ask for it and her husband is rich and has no objection to giving her the later portion of the dowry, then zakaah should be paid on it every year, because it has become like the wealth that she possesses.  Continue reading

She is asking for a divorce for no reason. Can he take back the mahr?

I got married to a relative of mine and we stayed together for a short period of time. Problems started between us because she did not respect me and did not accept my religious and social advices to her. Then I had to travel for work, and I finished all the needed procedures for her visa to follow me. But she refused to come to me and is insisting on divorce. I tried many times to reconcile her and our relatives interfered but it all was in vain.
My question:
-Is it her right to take the delayed part of the dowry? Knowing that it is her who is insisting on divorce?
-What are my rights over her as a husband and after separating?
-Is it permissible for me to ask for the gold I bought and gave her in our engagement party?
-Is it permissible for me to ask them to give the cost of the visa back? It cost me more than US$ 3000.

Praise be to Allaah.

Firstly:

Once the marriage contract has been done, then each spouse has rights and duties with regard to the other. One of these duties is that the wife must obey her husband and go to join him, and she should allow him to be intimate with her. He is obliged to provide her with accommodation and spend on her, and there are other duties which have been discussed in the answer to question no. 10680.

Secondly:

It is not permissible for a woman to ask for a divorce except when there is a reason which makes it permissible for her to do so, because of the report narrated by Abu Dawood (2226), al-Tirmidhi (1187) and Ibn Majaah (2055) from Thawbaan (may Allaah be pleased with him) who said: The Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) said: “Any woman who asks her husband for a divorce when it is not absolutely necessary, the fragrance of Paradise will be forbidden to her.”

Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

“When it is absolutely necessary” means when there is some hardship and reason for resorting to asking for a divorce.

Thirdly:

If you do not want to divorce your wife and there is no shortcoming on your part that calls for divorce, then you may refuse to give her a divorce (talaaq) and tell your wife to seek khula’ and give up the deferred portion of the mahr, or the gold, or all the gold and other things that you gave her.

But you should pay attention to the ties of kinship that exist between you, and not burden her family with more than they can afford. If you limit it to taking back the gold and withholding the deferred portion of the mahr, that is good. See the answer to question no. 26247.

We ask Allaah to recompense you with good and to help you to find a righteous wife who will be a delight to you.

And Allaah knows best. Continue reading

Husband asking his wife how she disposed of the mahr

Does the husband have the right to question his wife and ask her how she spent the mahr that belongs to her? My husband is asking about every part of my mahr, great and small, because he divided the mahr into two parts, one part for me and the other to prepare for marriage and buy clothes.

Praise be to Allaah.

It is not permissible for a husband to question his wife about the mahr which he gave to her, because this is her right and a debt on him which he has to give to her.

In return for this small amount of money which Allaah has granted to the woman, the right of qiwaamah (being in charge, being the protector and maintainer) is taken from her and given to her husband. So his spending on her is in return for something very precious and the mahr and spending on her is in return for that qiwaamah. Allaah says (interpretation of the meaning):

“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means”

[al-Nisa’ 4:34]

Imam al-Tabari (may Allaah have mercy on him) said:

“Men are the ones who are in charge of their womenfolk, disciplining them and making them fulfil their obligations towards Allaah and towards themselves. ‘Because Allaah has made one of them to excel the other’ means, because Allaah has given men an advantage over their wives because of the mahr which they give to them, and because they spend on them from their own money, and they take care of them. This is the way in which Allaah has caused them to excel them. Hence they are in charge of them and women are expected to obey their husbands.

Tafseer al-Tabari, 5/57

So the mahr is the woman’s right, just as qiwaamah is the man’s right. Just as she should not disobey him because of that qiwaamah, so he should give her her rights.

Men must fear Allaah with regard to their wives’ mahr and give them their mahrs. For women are weak, so men should give them their rights.

Allaah says (interpretation of the meaning):

“O you who believe! Fulfil (your) obligations”

[al-Maa’idah 5:1]

And indeed the marriage contract is one of the most important contracts which the Muslims are obliged to fulfil.

It was narrated that ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The conditions which most deserve to be fulfilled are those by means of which intimacy becomes permissible to you.”

(Narrated by al-Bukhaari, 2520; Muslim, 2542)

So long as a woman has taken possession of this money in this manner, her husband has no right to force her to spend it in a particular way, unless she is spending it on something haraam, in which case he has the right to stop her from spending it in haraam ways.

Our advice to you is to deal with your husband gently and calmly when he questions you about the mahr, lest a dispute concerning this matter be the cause of letting the Shaytaan come between you, especially when you are at the beginning of your married life, which should be based on harmony and tolerance on both sides towards any shortcomings or transgressions on the other side.  We ask Allaah to decree for you a happy life filled with obedience to Allaah and following his laws. And Allaah knows best. Continue reading

Ruling on including a list of furniture in the mahr

What is the ruling on making a list of furniture and making it a basic thing in marriage? Does it replace the dowry? What should be written in this list? Is it for all what the flat will contain or what exactly?
I need the answer as soon as possible please. My marriage may fail because of this list and its contents.

Praise be to Allaah.

The mahr or dowry is essential in marriage, because Allaah says (interpretation of the meaning):

“And give to the women (whom you marry) their Mahr (obligatory bridal-money given by the husband to his wife at the time of marriage) with a good heart”

[al-Nisa’ 5:4]

i.e., it is an obligation.

And the Prophet (peace and blessings of Allaah be upon him) said: “Go and look for something even if it is a ring of iron.” Narrated by al-Bukhaari (5121) and Muslim (1425).

People vary in their dowries according to custom. Some of them make the mahr cash, and some offer gold, and some make it include three things: gold and cash to be paid later, and a list of furniture or household effects, and there is nothing wrong with that.

The list is regarded as part of the mahr, and it becomes the property of the bride, and its specific details depend on the agreement between the husband and the wife’s guardian, who may agree to write down all the furniture that is there, so that it becomes the property of the wife, and she takes it in the event of separation from the husband; or they may agree to write down some of the furniture, and she will not have anything more than that.

The wife’s guardian should not be too strict with regard to this list, because it is mustahabb to make the mahr simple and easy, because the Prophet (peace and blessings of Allaah be upon him) said: “The best of dowries is the simplest.” Narrated by al-Haakim and al-Bayhaqi and classed as saheeh by al-Albaani in Saheeh al-Jaami’ (3279). And he (peace and blessings of Allaah be upon him) said: “The best of marriage is the simplest.” Narrated by Ibn Hibbaan and classed as saheeh by al-Albaani in Saheeh al-Jaami’ (3300).

See also questions no. 10525 and 12572.

And Allaah knows best. Continue reading

Is it permissible to give the mahr in a currency other than that mentioned in the marriage contract?

Is it permissible to give a woman her mahr in a currency other than that which is mentioned in the marriage contract? For example, giving Qatari currency instead of Saudi or Yemeni and so on.

Praise be to Allaah.

If the couple agree on giving the mahr in a currency other than that which is mentioned in the marriage contract, that is permissible, so long as the exchange is done at the rate on the day on which it is given, not the rate on the day of the contract, and the equivalent amount is given in full; they should not separate when there is still something outstanding that the husband has to pay.

The basic principle concerning that is the report narrated by Abu Dawood (3354) and al-Nasaa’i (4582) from Ibn ‘Umar (may Allaah be pleased with him) who said: I used to sell camels in al-Baqee’, and I would sell them for dinars and take dirhams, and I would sell them for dirhams and take dinars. I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about that and he said: “There is nothing wrong with taking the price of that day, so long as you do not separate when there is still something to be paid.” Classed as saheeh by al-Nawawi in al-Majmoo’ (9/330), Ibn al-Qayyim in Tahdheeb al-Sunan, and Ahmad Shaakir in Tahqeeq al-Musnad (7/226). Classed as da’eef (weak) by al-Albaani in Da’eef Abi Dawood. The hadeeth is in accordance with shar’i principles on buying and selling and on riba (usury), hence the fuqaha’ adopted it. See: al-Sharh al-Mumti’ (8/305).

The Standing Committee for Issuing Fatwas was asked about a man who took a loan in French currency, and when he paid it back, the lender asked him to pay it in Algerian currency.

They replied:

It is permissible to pay it off in Algeria in the same amount of French currency, or in the equivalent amount of Algerian currency at the rate of exchange on the day when it is paid off, provided that it is paid before separating. End quote.

Fataawa al-Lajnah al-Daa’imah (14/143).

And Allaah knows best. Continue reading

He has a restaurant where he sells alcohol, and he gave her the second part of the mahr from this money

A while ago I got married to someone who worked in a foreign country. He had an import business and after 3 months he opened an Arabic restaurant where he used to sell alcohol and drink it. Is what he gave me as the second part of the mahr after divorce haraam? Please note that when he came to propose marriage to me I did not know that he drank alcohol and did not pray. He told me that he prayed and that he had done ‘umrah twice.

Praise be to Allaah.

There is no sin on you for what you took of the second part of the mahr, even if your husband’s wealth was as you describe. That is for two reasons:

1 – The scholars have stated that if a person’s wealth is a mixture of halaal and haraam, and they cannot be told apart, it is permissible to interact with him, buying, selling, lending and so on, just as it is permissible to eat from his wealth. The Prophet (peace and blessings of Allaah be upon him) and his companions interacted with the Jews, and ate their food, although their wealth was not free of haraam elements, because they dealt in riba (usury) and consumed people’s wealth unlawfully. What is meant by not telling the halaal apart from the haraam is that your husband’s wealth – for example – combined the price of the alcohol with the price of the food and permissible drinks, and the one was mixed with the other.

2 – Some scholars are of the view that wealth that is haraam because of the manner in which it was acquired is haraam only for the one who acquires it, and it is not haraam for the one who takes it from him in a permissible manner.

The wealth that your husband acquired from selling alcohol is haraam because it was acquired in a loathsome manner. But it is haraam for your husband only. The mahr that you took from him is halaal for you.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: As for that which is haraam because of the manner in which it was acquired, such as money that was obtained through cheating or through riba or lying and so on, it is haraam for the one who acquires it, but it is not haraam for anyone else, if he acquires it from him in a permissible manner. This is indicated by the fact that the Prophet (peace and blessings of Allaah be upon him) used to deal with the Jews, even though they consumed haraam things and took riba. This indicates that it is not haraam for anyone other than the one who acquires it. End quote from Tafseer Soorat al-Baqarah (1/198).

Conclusion: You taking the mahr from this wealth is permissible and there is no sin in that.

And Allaah knows best. Continue reading

He divorced her in return for half of the mahr after he accused her. Does he have the right to this money?

I am a religiously-committed young woman, praise be to Allaah. There was a problem between me and my husband – from whom I have a daughter –as the result of which I went to my father’s house. He had doubts about me and accused me with regard to my honour without any convincing reason, then he apologized, then he accused me again. That happened several times, which made me certain that he was afflicted with waswaas (whispers from the shaytaan). I could no longer bear it, so I went to my family. After I went to them, I stayed with them for four months, during which my husband only became more stubborn and insistent upon his position, without any proof or evidence against me. After that my brother went to him to try to work things out, but he insisted on his position, and asked me to repent, and the matter got worse. He spoke ill of my father and how he had raised me. At that point my brother and my father
insisted that he should divorce me, otherwise they would refer our problem to the courts, and he would have to prove his accusations against me. My husband asked for half of the mahr in return for divorcing me, but after a while he divorced me without us giving him anything, and he kept quiet about that, and did not ask for the money again.
Now Allaah has compensated me with another husband who is religiously committed, praise be to Allaah. My second husband has pointed out to me that I may owe some money to my first husband. Because I am afraid of doing something haraam and consuming people’s wealth and taking away their rights, I hope that you can advise me with regard to this matter. Please note that I do not have this money, and I do not ask him for any expenses for his daughter, but he sends some to her sometimes, and sometimes he does not send her anything. Does he have any right to my wealth?
May Allaah reward you with good.

Praise be to Allaah.

For a husband to slander his wife and accuse her with regard to her honour is a major sin, which incurs a hadd punishment and means that his testimony is to be rejected. He has to bring shar’i evidence to prove the accusation, or else engage in li’aan.

Ibn Qudaamah (may Allaah have mercy on him) said:

If he slanders his chaste wife then he is subject to the hadd punishment, and he is ruled to be a faasiq (evildoer) whose testimony is to be rejected, unless he brings proof or engages in li’aan. If he does not bring four witnesses or he refuses to engage in li’aan, then all of that applies to him. This is the view of Maalik and al-Shaafa’i.

This is indicated by the verse in which Allaah, may He be exalted, says (interpretation of the meaning):

“And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah)”

[al-Noor 24:4]

This is general in meaning and applies to the husband and others. With regard to the husband in particular, his li’aan may take the place of testimony in order to cancel out the hadd punishment, judgement of being a faasiq and rejection of his testimony.

Also, the Prophet (peace and blessings of Allaah be upon him) said: “(Bring) proof, or else the hadd punishment will be on your back.” And he said when he conducted the process of li’aan: “The punishment in this world is easier to bear than punishment in the Hereafter.”

Because he has slandered (his wife), the hadd punishment should be carried out on him if he admits to lying; therefore the hadd punishment is due unless he brings the proof required by sharee’ah, as is the case with any other man.

Al-Mughni (9/30).

Based on this, what the husband must do is fear Allaah with regard to himself and his wife, and he should refrain from bad talk. Speaking against his wife is an attack on his own honour. He must also declare himself to be a liar by asserting his wife’s innocence of what he has fabricated against her. If he does not do that, then he deserves what Allaah has decreed for those who do that, namely the hadd punishment, rejection of his testimony and being judged to be a faasiq, and she has the right to demand that he divorce her, and he should give her her rights in full. Continue reading

If the dowry (mahr) is not stipulated, then the wife should have a dowry like that of her peers

I have a brother who got married to my uncle’s daughter. When my uncle agreed to the dowry that my brother would pay, he refused to stipulate the amount that my brother should pay, but my brother decided how much he would pay. But my uncle asked him to add up the cost of his marriage and the cost of my cousin’s marriage when he wants to get married, and to share the expenses between them. What is the ruling on that? Please note that my uncle phrased this as a request for help.

Praise be to Allaah.

Firstly:

The dowry (mahr) is an obligatory part of the marriage contract, as stipulated in the verse (interpretation of the meaning):

“All others are lawful, provided you seek (them in marriage) with Mahr (bridal-money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse, so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed”

[al-Nisa’ 4:24]

It is Sunnah to stipulate the dowry in the marriage contract, but if it is not stipulated, the marriage is still valid and the wife should be given a dowry like that of other women like her, who share the same characteristics according to which the rates of dowries may differ.

Secondly:

The dowry should be known; if they agree to an unspecified dowry, that is not valid, and the wife should be given a dowry like that of her peers.

Ibn Qudaamah (may Allaah have mercy on him) said: No dowry is valid unless it is specified. This is the view of al-Shaafa’i. End quote from al-Mughni, 7/168

It says in Ma’oonat Ooli al-Nuha (9/192): It is essential that the dowry be known. Then he said: That applies to everything of which the value is unknown and the way of obtaining it is unknown; it is not valid as a dowry, and there is no difference of scholarly opinion on this point. End quote.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:

If he gives her something unknown as a dowry, that is not permissible, and she should have a dowry like that of her peers. End quote from al-Sharh al-Mumti’, 5/302

What is mentioned in the question about the uncle refusing to stipulate a dowry and asking for the wedding expenses of his nephew to be combined with those of his son, then shared equally, makes the dowry unknown, because it is not known how much his son’s wedding expenses will be.

Based on this, this wife should be given a dowry like that of other women who are like her, if the marriage contract has been done as you describe. If the marriage contract has not yet been done, then a dowry should be specified for her, and it is not permissible to do what your uncle is asking, because that will lead to the dowry being unknown.

And Allaah knows best. Continue reading