Writing the deferred mahr in the contract
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Fatwa number ( 6871 )
Q: It has become customary in some countries, especially in Egypt , for part of the bridal gift to be paid in advance and part to be deferred, and this is written in the marriage document or what is called the formal contract. Also, the following phrase is written in the document: “The deferred bridal gift is paid at one of the two terms,” meaning that the deferred bridal gift is not paid except upon divorce or death. What is the ruling on this?
deferred portion? And what is the ruling on a marriage that is based on the intention not to pay the deferred portion except upon divorce or death? One of the scribes, whose name is Ahmad Idris, has issued a fatwa that such a marriage is defective in the sight of Allah the Exalted. Please issue a ruling for us, may you be rewarded, and may Allah reward you with the best reward.
A: It is permissible for the entire mahr to be paid in advance, and it is permissible to pay part of it in advance and defer the remainder to the term mentioned in the question, and there is no blame in that; due to the generality of his saying (peace and blessings be upon him):Jami` at-Tirmidhi 1352Sahih (Darussalam) And his saying (peace and blessings be upon him): Bulugh al-Maram 8:32 agreed upon by al-Bukhari and Muslim. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: It has become customary in some countries, especially in Egypt , for part of the bridal gift to be paid in advance and part to be deferred, and this is written in the marriage document or what is called the formal contract. Also, the following phrase is written in the document: “The deferred bridal gift is paid at one of the two terms,” meaning that the deferred bridal gift is not paid except upon divorce or death. What is the ruling on this?
deferred portion? And what is the ruling on a marriage that is based on the intention not to pay the deferred portion except upon divorce or death? One of the scribes, whose name is Ahmad Idris, has issued a fatwa that such a marriage is defective in the sight of Allah the Exalted. Please issue a ruling for us, may you be rewarded, and may Allah reward you with the best reward.
A: It is permissible for the entire mahr to be paid in advance, and it is permissible to pay part of it in advance and defer the remainder to the term mentioned in the question, and there is no blame in that; due to the generality of his saying (peace and blessings be upon him):
And the Muslims will be held to their conditions, except the conditions that make the lawful unlawful, or the unlawful lawful.
المسلمون على شروطهم، إلا شرطا حرم حلالا أو أحل حراماThe most worthy conditions to be fulfilled are those by which you make sexual intercourse lawful for yourselves (in marriage).
إن أحق الشروط أن يوفى به ما استحللتم به الفروج
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.