The Obligation of the Mahr on the Husband
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The first question of Fatwa No. ( 21003 )
Q1: A man in Kashmir is compelled to spend huge sums on marrying off his daughter. He presents the groom with various gifts, household appliances, a car, or a refrigerator, for example, at their request, and this has become almost a custom. He also sometimes presents various types of jewelry and expensive clothing of his own free will and bears the costs of the wedding, which amount to hundreds of thousands. This man faces some problems if he does not provide these necessities, such as the breaking of the engagement or the marriage. Question: Is this amount spent in favor of the daughter’s marriage counted toward what she is entitled to in inheritance and deducted from it when the estate is divided, or not? Or is it valid for the daughter to waive her inheritance?
A1: The mahr in the marriage contract is obligatory on the husband. Allah the Exalted said, addressing husbands:[An-Nisa 4:4]
And Allah the Exalted said:[An-Nisa 4:24] What the woman’s family pays to the husband of their ward is in the nature of a gift to encourage him to marry her; it is not obligatory upon them, and it is not permissible to count it from her inheritance if her deceased relative who paid this gift dies, unless she consents to it; based on the saying of the Prophet (peace and blessings be upon him): Sunan ad-Daraqutni 13:78 And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: A man in Kashmir is compelled to spend huge sums on marrying off his daughter. He presents the groom with various gifts, household appliances, a car, or a refrigerator, for example, at their request, and this has become almost a custom. He also sometimes presents various types of jewelry and expensive clothing of his own free will and bears the costs of the wedding, which amount to hundreds of thousands. This man faces some problems if he does not provide these necessities, such as the breaking of the engagement or the marriage. Question: Is this amount spent in favor of the daughter’s marriage counted toward what she is entitled to in inheritance and deducted from it when the estate is divided, or not? Or is it valid for the daughter to waive her inheritance?
A1: The mahr in the marriage contract is obligatory on the husband. Allah the Exalted said, addressing husbands:
And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease.
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًاAnd Allah the Exalted said:
So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation
فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةًThe wealth of a Muslim man is not lawful except by the willing consent of his soul
لا يحل مال امرئ مسلم إلا بطيبة من نفسه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.