Fatwa ID: 08442

 

 

 

Answered by: Alimah Aisha Qureshi

 

 

Question:

 

If one hasn’t given his mahr in many years and would like to give it now, would he give it according to today’s rate or the day he got married jzk

 

 

 

 

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

 

 

Answer:

 

In Hanafi Fiqh, the issue of paying Mahr (dowry) is a significant one, as it is a right of the wife upon the husband. If a person has not given the Mahr for many years and wishes to give it now should the Mahr be paid according to its value at the time of the marriage, or should it be based on its current value? This is an important issue because changes in the market rate could have impacted the value of the Mahr over time.

 

 

In Hanafi Fiqh, the Mahr is a obligation that is agreed upon at the time of marriage. The general rule in Hanafi fiqh is that the Mahr should be paid according to the amount agreed upon at the time of marriage, unless the wife agrees to a modification in the amount.

 

 

However, in cases where there has been a significant delay in payment, if the amount agreed upon at the time of the marriage was not specified in terms of money , or if there was an understanding that the Mahr would be a specific object or commodity (e.g., a certain weight of gold or a particular amount of money), the Mahr may need to be adjusted based on its current market value.

 

 

Therefore, if it is not money rather it is a commodity then the current market value will be paid to the wife for her Mahr.

 

 

 

 

References:

وذلك كما لو تزوجها على ثوب وقيمته عشرة فقبضته وقيمته عشرون، وطلقها قبل الدخول والثوب مستهلك ردت عشرة، لأنه انما دخل في ضمانها بالقبض فتعتبر قيمته يوم القبض.

Radd Al Muhtar pg 232 vol 4 Publisher Dar Al Kotob Al Ilmiyah Beirut.

 

 

 

Only Allah knows best.

Written by Alimah Aisha Qureshi

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham