mahr

My son wants to divorce his fiancee after the nikkah during the engagement period

Marriage, ,

Question:

My son got engaged a few weeks ago and the nikkah was performed. For several reasons he wants to end the engagement and get a divorce. As part of the mahr, we had set an amount for the mokadam and mo’akhar, and there were several gifts of jewellery and the engagement party, how do we go about it?

Answer:

At the time of the nikah, there should have been an agreement on the total amount of mahr. If he wants to divorce her and the marriage has not been consummated (they have not had intercourse), he must pay her half of the total agreed mahr, and he can not deduct the gifts or expenses of engagement from her due Mahr.

Answered by: Dr Ali Alsamail
Certified by: Sheikh Mansour Leghaei

Related Posts:

Can a man withhold the dowry from his wife and donate it to the poor if he dies?

Islamic Laws (Fiqh), Marriage, ,

Question:

My husband has not given me my dowry since we got married, despite my repeated requests to him. Furthermore, he is saying that if he dies he will donate it to charity and not pay it to me. Does Islam let him do this?

Answer:

Once the marriage is consummated the wife deserves her full Mahr (dowry) especially if she is asking for it. In Islam, the Mahr (dowry) is a debt on men upon their marriage. If one borrows money with no intention of returning it, he is a thief.

It is narrated from Imam Sadiq (a.s): “There are three kinds of thieves: the one how does not pay his Zakat, the one who does not pay the Mahr of his wife (whilst being able to pay it), and the one who borrows money without any intention of repaying it.” (Wasaelu-Shi’a vol.21 p.268)

Answered by: Sheikh Mansour Leghaei

Related Posts: