The wife’s stipulation of an additional amount on top of the mahr
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The third question of Fatwa No. ( 19612 )
Q3: A father married off his daughter and stipulated to her husband that if he divorces her, he must pay a sum of seventy thousand riyals in addition to the mahr paid at the time of the marriage. What is the ruling on the validity of this condition? Please inform us; may Allah reward you.
A3: It is a valid condition for a woman or her guardian to stipulate, at the time of the marriage contract, a sum of money to be paid in the event of her divorce; because it is part of the mahr that has been agreed to be deferred. If both parties agree to it, it becomes obligatory to fulfill it when its cause occurs, which is divorce. Evidence for this is what was narrated by 'Uqbah ibn 'Amir (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said:Sunan ad-Darimi 11:37
It was narrated by al-Bukhari in his (Sahih), and 'Umar ibn al-Khattab (may Allah be pleased with him) said:Musannaf Ibn Abi Shaybah 6:492 It was narrated by al-Bukhari in his (Sahih), and the generality of the hadith: , and al-Tirmidhi added in his narration: Jami` at-Tirmidhi 1352Sahih (Darussalam) . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q3: A father married off his daughter and stipulated to her husband that if he divorces her, he must pay a sum of seventy thousand riyals in addition to the mahr paid at the time of the marriage. What is the ruling on the validity of this condition? Please inform us; may Allah reward you.
A3: It is a valid condition for a woman or her guardian to stipulate, at the time of the marriage contract, a sum of money to be paid in the event of her divorce; because it is part of the mahr that has been agreed to be deferred. If both parties agree to it, it becomes obligatory to fulfill it when its cause occurs, which is divorce. Evidence for this is what was narrated by 'Uqbah ibn 'Amir (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said:
The most deserving of conditions to be fulfilled are those by which you have made lawful the private parts
أحق الشروط أن توفوا بها ما استحللتم به الفروجIt was narrated by al-Bukhari in his (Sahih), and 'Umar ibn al-Khattab (may Allah be pleased with him) said:
Indeed, the limits of rights are at the conditions, and you have what you have stipulated
إن مقاطع الحقوق عند الشروط ولك ما شرطتThe believers are bound by their conditions.
المؤمنون عند شروطهمexcept the conditions that make the lawful unlawful, or the unlawful lawful.
إلا شرطًا حرم حلالاً أو أحل حرامًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.