Fatwa ID: 05924
Answered by: Maulana Yūsuf Badāt
Question:
My wife is accusing my parents and me that we have taken back the mahr. The amount paid on the day of the nikāḥ was £125. This was paid in full, by cash on 2nd of May 2000.
Please can you advise me, what is the solution and how to resolve the issue!
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
From your question, it becomes clear, your wife is not denying she received the mahr. She is claiming that it was taken back. In such cases, Islamically the burden of proof is on the claimant. All parties should approach a local Muftī or Islamic scholar, present your case. The Muftī will then ask for proof from your wife to substantiate her claim. He will also ask you and your parents to swear an oath in Allāh’s name about the matter. If the reliable evidence is produced then the mahr is payable, if not, then you and your parents will be absolved by swearing an oath that you did not take the mahr from her. – (See: Al-Qawāid Al-Fiqhīyyah, Page 116, Dār Al-Tirmidhī1)
The Prophet (peace and blessings be upon him) said, “If people were given things based on their mere claims, they would make claims regarding the wealth and lives of their communities. However [when claims are made], the burden of proof is upon the claimant and an oath is upon the respondent who denies [such claim].” – (Bayhaqī 21201)2
Only Allāh knows best
Written by Maulana Yūsuf Badāt
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
1 الأصل براءة ذمة المدَعَى عليه فاذا انكر فهو مستمسك بالحالة الاصلية فيجب قبول قوله الى ان يثبت شغل ذمته بسبب طارئ ولكن لاحتمال كذبه في الانكار يوثق قوله باليمين اذا طلب المدعِي تحليفه عند عجزه عن الاثبات– القواعد الفقهية ص١١٦ دارالترمذي
2 لَوْ يُعْطَى النَّاسُ بِدَعْوَاهُمْ لَادَّعَى رِجَالٌ أَمْوَالَ قَوْمٍ وَدِمَاءَهُمْ وَلَكِنَّ الْبَيِّنَةَ عَلَى الْمُدَّعِي وَالْيَمِينَ عَلَى مَنْ أَنْكَرَ – اخرجه السنن الكبرى للبيهقي ٢١٢٠١
