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Ownership of Mahr


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Ownership of Mahr
 
Q. If a husband gives his wife Mahr at the time of the Nikah, what authority does the wife have over it? If she remarries, does she have to return the Mahr to the previous husband?
 
(Question published as received)
 
A.The wife is the sole owner of the Mahr she receives and has full authority over it.
If she remarries, she does not have to return the Mahr to the previous husband as it belongs to her.
 
And Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
Confirmation:

Mufti Ebrahim Desai

 
Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians
 
 
Nasihah (Advice): Mahr (dowry)
 
Rasulullah Sallallahu Alayhi Wa Sallam said: “Whoever marries a woman with the intention of not paying her Mahr (dowry) whether it be a meager amount or a huge amount, and he passes away in that state, he will meet Allah as a fornicator.” (Majmauz Zawaaid)
 
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Forgiving Mahr
 
Q. Due to poor condition of the husband, upon request to his wife, she forgive her mahr before touch. Is it acceptable in Islam?
 
(Question published as received)
 
A. Mahr is the right of the wife and it becomes obligatory on the husband upon the marriage (Nikah) being contracted. Since Mahr is the right of the wife, if she decides to waive her right by her own free will after the marriage, it will be permissible and the obligation of Mahr will no longer remain binding upon the husband. (ad-Durrul Mukhtar)
 
 
And Allah Knows Best
Mufti Suhail Tarmahomed (USA)
 
Confirmation:
Mufti Ismaeel Bassa
 
Fatwa Department

Jamiatul Ulama (KZN) 

Council of Muslim Theologians
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Giving Away Mahr

 

Question:

 

asalamu alaykoum, i recieved mahr from my husband, part of it was gold, what i know is that the mahr has got nothing to do with the husband what ever the lady wishes to do with it! is this true?? i gave my gold to my parents as a present without my husband's notice but for some reason i feel like i have done something wrong. can you please explain? have i done something wrong? should i tell him??
 

 

Answer:

 

Walaikum assalam wa rahmatullahi wa barakatuh,

I pray this finds you in the best of health and spirits.

Yes, it is true that (1) the mahr is belongs to the wife and she can dispose of it as she wishes; and (2) the wife has the general right to use and dispose of her earnings and wealth as she wishes.

At the same time, however, such matters should be handled with discretion and due consideration for the feelings and sensitivities of those involved.

And Allah alone gives success.

Faraz Rabbani
 

http://qa.sunnipath.com/issue_view.asp?HD=7&ID=18720&CATE=1

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