What is the Islamic ruling on deferring the mahr, even if it is a large amount?
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The questioner : It is customary in some Islamic countries for a woman to stipulate two mahr amounts with her suitor: one immediate and one deferred. Usually, the deferred amount is a large sum, which causes the woman to control her husband after marriage out of fear of this deferred mahr that the husband pays upon divorce. What is the Islamic ruling on this?
The Shaykh : The Islamic ruling on this is that we say the original principle in transactions is permissibility, except for what evidence indicates is prohibited. Allah the Exalted said:[Al-Ma'idah 5:1] And He, the Exalted and Majestic, said: [Al-Isra 17:34] So whatever the two transacting parties agree upon is valid and must be executed according to what they stipulated, provided it does not contradict the Shari'ah. Deferring part of the mahr, whether it is the larger or smaller portion, is permissible because it does not involve harm or a prohibited matter. The man has committed himself to this knowing that the remaining mahr is a large amount. If the man hates his wife, he will not live with her even if the remainder is large; rather, he will separate from her and pay what is obligatory of the mahr. But if he loves her, the matter is clear.
In summary: it is permissible for part of the mahr to be deferred and part to be immediate, and there is no difference between the deferred portion being larger or smaller.
The Shaykh : The Islamic ruling on this is that we say the original principle in transactions is permissibility, except for what evidence indicates is prohibited. Allah the Exalted said:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْئُولًاIn summary: it is permissible for part of the mahr to be deferred and part to be immediate, and there is no difference between the deferred portion being larger or smaller.
