What is the ruling on the deferred portion in a marriage contract? And what is the ruling on writing a mahr in the contract that is not the actual amount received?
Machine translationRead the Arabic original
The questioner : Now, if a man has one thousand dinars owed to his wife, is he obligated to pay her her right?
The Shaykh : Of course.
The questioner : Even if in the past he did not pray... even if he knew what was written, not even a single lira, he would be lost.
The Shaykh : Why would he not write even a single lira?
The questioner : Because he is going to pay his share.
The Shaykh : I wonder, if he were righteous and knew, or if he wrote a prompt mahr of one hundred dinars and a deferred mahr of one thousand dinars, but because of his debt he is not willing to write a deferred amount, will the other party just wait, or will they increase the prompt amount?
The questioner : No... one hundred dinars is for show.
The Shaykh : Answer my question. The current custom is to make the prompt amount small and the deferred amount large, is that correct?
The questioner : Correct.
The Shaykh : Okay, I am saying that if one of us says that this deferred amount we are taking is a system that has no basis in Islam, therefore I do not want to bind myself to a deferred amount, and I will pay a prompt amount of one hundred, and the other party, who is the girl's guardian or the woman, etc., will settle for one hundred or not increase it.
The questioner : They will increase it.
The Shaykh : Okay, so your statement that "I did not know this ruling" also means you did not know that they would increase it if you did not accept this second ruling, do you know that they will increase it or not?
The questioner : Yes, they will increase it.
The Shaykh : So you want them to increase it, so this is in exchange for that.
The questioner : Professor, in the same story, the father of the bride and the father of the groom agreed on a mahr of one hundred thousand dinars, and when the contract was written, the father of the bride came and said, "My mahr is one dinar and my deferred mahr is one thousand dinars," and in reality he had received one thousand dinars. So does the contract become void before the judge, meaning in front of people, that my daughter is for one dinar, but in reality it is one thousand dinars?
The Shaykh : Okay, does anything result from this, meaning an aggression against the husband by imposing a new right, or is it just formalities?
The questioner : Just formalities, that the husband pays one thousand dinars.
The Shaykh : I keep telling you that something results, and you say no, here something results that is not a right.
The questioner : I mean, if the father of the wife demands, saying, "I want one thousand dinars" in the court, in reality...
The Shaykh : Is this injustice to the husband or not?
The questioner : Of course, it is injustice.
The Shaykh : If so, this is not permissible.
The questioner : ... one thousand dinars.
The Shaykh : The answer to this has already been given, my brother.
The Shaykh : Of course.
The questioner : Even if in the past he did not pray... even if he knew what was written, not even a single lira, he would be lost.
The Shaykh : Why would he not write even a single lira?
The questioner : Because he is going to pay his share.
The Shaykh : I wonder, if he were righteous and knew, or if he wrote a prompt mahr of one hundred dinars and a deferred mahr of one thousand dinars, but because of his debt he is not willing to write a deferred amount, will the other party just wait, or will they increase the prompt amount?
The questioner : No... one hundred dinars is for show.
The Shaykh : Answer my question. The current custom is to make the prompt amount small and the deferred amount large, is that correct?
The questioner : Correct.
The Shaykh : Okay, I am saying that if one of us says that this deferred amount we are taking is a system that has no basis in Islam, therefore I do not want to bind myself to a deferred amount, and I will pay a prompt amount of one hundred, and the other party, who is the girl's guardian or the woman, etc., will settle for one hundred or not increase it.
The questioner : They will increase it.
The Shaykh : Okay, so your statement that "I did not know this ruling" also means you did not know that they would increase it if you did not accept this second ruling, do you know that they will increase it or not?
The questioner : Yes, they will increase it.
The Shaykh : So you want them to increase it, so this is in exchange for that.
The questioner : Professor, in the same story, the father of the bride and the father of the groom agreed on a mahr of one hundred thousand dinars, and when the contract was written, the father of the bride came and said, "My mahr is one dinar and my deferred mahr is one thousand dinars," and in reality he had received one thousand dinars. So does the contract become void before the judge, meaning in front of people, that my daughter is for one dinar, but in reality it is one thousand dinars?
The Shaykh : Okay, does anything result from this, meaning an aggression against the husband by imposing a new right, or is it just formalities?
The questioner : Just formalities, that the husband pays one thousand dinars.
The Shaykh : I keep telling you that something results, and you say no, here something results that is not a right.
The questioner : I mean, if the father of the wife demands, saying, "I want one thousand dinars" in the court, in reality...
The Shaykh : Is this injustice to the husband or not?
The questioner : Of course, it is injustice.
The Shaykh : If so, this is not permissible.
The questioner : ... one thousand dinars.
The Shaykh : The answer to this has already been given, my brother.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.