Fatwa ID: 06808

Answered by: Maulana Abdul Malik

Question:

Pray you are doing well! I had a question regarding an overdue mahar. An individual is writing their will and they have not paid their wife her mahar. The issue is her mahar is an impossible amount they agreed on over 30 years ago in the hopes that it would make divorce difficult. The amount at that time was 25 thousand. The wife about a decade ago said she forgave the amount when the husband was going for hajj. He asked her to forgive it as he didn’t want to go with a loan. She says she felt pressure and didn’t want to forgive the amount. When deciding her mahar now, what would the ruling be? Would it be forgiven? Or can they agree on a shorter amount right now? The husband said he asked a shaykh who told him to give her family a couple of hundred dollars and make the intention of mahar. He thinks he owes her nothing while she is saying he should at least give her 5000. 

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Allah states in the holy Quran: “And give the women (upon marriage) their (bridal) gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease”. (Quran, chapter 4, verse 4)[1]

The woman still has the right to the dowry, and the husband must pay it unless the wife graciously forgives it. She shouldn’t, however, be coerced or under any kind of pressure to give up her rights or pardon the dowry. The husband will still be required to pay the dowry even if the wife was coerced into giving up her dowry. (Al Fatawa al Hindiyyah, pg 345, vol 1)[2]

Therefore, the dowry is the right of the wife which should be paid by the husband unless she relinquishes her right willingly. However, if the wife was pressured to relinquish the dowry without being pleased the dowry should still be paid. If the dowry is a large amount and the wife relinquishes a portion of it then the remaining amount should be paid by the husband.

[1] وَءَاتُوا۟ ٱلنِّسَآءَ صَدُقَـٰتِهِنَّ نِحْلَةًۭ ۚ فَإِن طِبْنَ لَكُمْ عَن شَىْءٍۢ مِّنْهُ نَفْسًۭا فَكُلُوهُ هَنِيٓـًۭٔا مَّرِيٓـًۭٔا

[2] وإن حطت عن مهرها صح الحط كذا في الهداية، لابد من صحة حطها من الرضى حتى لو كانت مكرهة لم يصح

Only Allah (عز و جل) knows best.

Written by Maulana Abdul Malik

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham