What is the correct wording for the mahr? And does the Shari'ah include a deferred and an immediate mahr?
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The Shaykh : The second question on this paper. They say: a mahr that is deferred, immediate, early, and late, and so on. What is the correct wording in the Sunnah? Is there a deferred and an immediate mahr in marriage, and what has been reported in the Sunnah? What has been reported in the Sunnah is that a mahr is necessary for every lawful marriage; a mahr is obligatory. However, it has not been reported in the Sunnah that the system of this mahr requires it to be divided into two parts or two types: the first immediate and the second deferred. This division, which they have agreed upon in later times and which has become a binding custom, such that the deferred mahr is set by the richest person in the world, even if he is a millionaire, and he must still set an immediate mahr and a deferred mahr—this division has no basis in Islam. Rather, it is possible for the entire mahr to be deferred, or half of it, or three-quarters, or a quarter, depending on the situation of the husband who is proposing. The principle for this husband is that if he is able to pay the mahr requested by the girl's guardian, he pays it in cash. If he cannot, he pays what he can, even if it is just one qirsh. This debt remains on his record, and it is permissible for him to enter into marital relations with his wife without paying a single qirsh, but this mahr remains in his debt until he is able to fulfill it. As for committing to this kind of commitment, where it is necessary that there be a deferred mahr, this is an innovation in the religion, and this is, of course, not permissible. Especially since it has been demonstrated in practice that this deferred mahr often becomes a shackle, indeed a tight collar, around the husband's neck. This is because, in many cases, after a year or two of cohabitation between the spouses, it is found that there is no harmony between them. Therefore, Allah (Mighty and Majestic), for the sake of such a situation that may occur due to a lack of harmony between spouses, legislated divorce and permitted it (Blessed and Exalted is He). So when this husband does not find in his wife the tranquility intended in the verse regarding marriage prescribed in Islam, as He (the Exalted) said: [Al-A'raf 7:189], [Ar-Rum 30:21] He wants to divorce, but he is bound because he has a deferred mahr, for example, ten thousand. Where is he supposed to get ten thousand? So he continues to live with his wife, who appears to be his wife, but in reality, she is his torment. Therefore, both of them live in a hell of life. What is the cause? It is the commitment to what is not required by the Shari'ah, which is imposing a deferred mahr. It has become a tight collar for him, and he cannot escape from his wife. We have heard of many problems of this type. Therefore, the principle regarding the mahr is that it should be paid in full if he is able. If not, he pays what he is able to, and the remainder remains in his debt. If he is not able to do anything, there is no harm; the agreed-upon amount remains in his debt. In fact, it is permissible in Islam for a man to marry a woman without discussing the issue of the mahr at all, but later on, she is entitled to the mahr of her like. The jurists call this the mahr of her like, meaning what is known among people, for example, from the family, or from this tribe, or from the clan, or from the town. What is the mahr of women similar to her? It is obligatory for him to pay it. But the bottom line is: dividing the mahr into two parts... this is not permissible in Islam.
The questioner: Well, when he has dirhams, meaning...
The Shaykh : No, the good of this world is its immediate part.
The questioner: Yes.
and created from it its mate that he might dwell in security with her
وَجَعَلَ مِنْهَا زَوْجَهَا لِيَسْكُنَ إِلَيْهَاand He placed between you affection and mercy
وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةًThe questioner: Well, when he has dirhams, meaning...
The Shaykh : No, the good of this world is its immediate part.
The questioner: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
