Father gives mahr on behalf of son

CategoriesMarriage [604]

What Ulema-e-Deen (Cleric of Islam) says about the following subject:

If a father, on behalf of his Son (BrideGroom) offer to pay Meher either in cash/gold/property, to a Bride at the Nikah (Marriage) ceremony, Is it legally acceptable? If so please through light of Shariet-e-Mohammadi(p.b.u.h) (Islamic Law).

Becouse the root definition of Mehr according to the Holy Quran, the mehr is given as a free gift by the husband to the wife at the time of contracting the marriage. But during the recent time the bridegroom keep mum at the time of Nikah and the Mehr fomalities are met by his parents. Please mention even if a father pay Mehr on behalf of his son be acceptable or not.

In the name of Allah, the most Beneficent, the most Merciful.

Answer

The mahr is one of the rights of the wife and the husband gives it at the time of the marriage ceremony.

Allah (SWA) in the Holy Quran has said “And give the women their dower in good cheer”.  (Surah Nisaa v.4)

Mahr is very important.  Allah (SWA) has used the word “faridah” for it.  It means something is fixed, decided and obligatory.  It is compulsory for the husband to pay for the mahr unless the wife by her own will and without any pressure forgives the husband in paying for it.    (Mazahirul Haqq p.104 v.4)

If a husband dies without paying the mahr to his wife, it will be considered an outstanding debt and will be taken out of his inheritance.  (Fatawa Darul Uloom Deoband p.336 v.8)

With regards to your question, it is permissible for the father to take responsibility of paying the mahr on behalf of his son.  (Kifayatul Mufti p.122 v.5)

Allahmah Ibn Abideen Shami (RA) has written “It is correct for the guardian to take responsibility of paying the mahr irrespective of whether the husband and wife are children (have reached the age of puberty) or adults”.  (Raddul Muhtar p.286 v.4)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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