Is the husband obligated to pay the deferred mahr upon divorce?
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Question:
May Allah reward you. This questioner says: Honorable Shaykh, regarding the deferred mahr, what is the ruling on the deferred mahr if the wife requests a divorce from her husband after they have not lived together? Is this mahr to be paid?
Answer:
Yes, the mahr is a right of the woman,[An-Nisa 4:4]. It is a right of the woman based on what he has made lawful of her private parts, both the immediate and the deferred portions, unless she gifts it to him or waives part of it. Even if he divorces her, the mahr is hers, and he must pay the deferred portion because it is her right, unless he divorces her on the condition that she absolves him of the deferred mahr. In that case, it becomes a divorce for compensation, a divorce for compensation, and that is permissible for him. Yes.
May Allah reward you. This questioner says: Honorable Shaykh, regarding the deferred mahr, what is the ruling on the deferred mahr if the wife requests a divorce from her husband after they have not lived together? Is this mahr to be paid?
Answer:
Yes, the mahr is a right of the woman,
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 فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًا
Source
قناة «العلامة الدكتور صالح الفوزان»، 6674- هل يجب على الزوج الوفاء بالصداق المؤخر عند الطلاق؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
