Some people make the deferred mahr conditional upon divorce; what is the ruling?
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The questioner : Some people ask for the deferred mahr, but with the condition of divorce, meaning if divorce occurs, the deferred amount is paid. What is the ruling on that?
The Shaykh : Yes, the understood and known formulation of the question is that some people divide the mahr into two parts: a part paid in advance at the time of the contract or before the contract, and another part deferred. They set the duration of the deferral to be separation. We say: the mahr is the right of the woman. Allah the Exalted said:[An-Nisa 4:4] If she wishes, she must have it paid in advance. This is one case. If she wishes to defer it, she may do so either with a known term, for example, saying: "Every year you give me such and such," or with an indefinite term. An indefinite term is valid here. The scholars said: An indefinite term becomes due upon separation, whether by death or divorce. Therefore, the deferred mahr, even if no specific term is mentioned for it, becomes due when separation occurs by death or divorce, or annulment, or the like. This is permissible because the right belongs to her. Yes.
The questioner : ... .
The Shaykh : No, no, I am saying that those in Unaizah have no right. Yes, the right. No, no, absolutely not.
The Shaykh : Yes, the understood and known formulation of the question is that some people divide the mahr into two parts: a part paid in advance at the time of the contract or before the contract, and another part deferred. They set the duration of the deferral to be separation. We say: the mahr is the right of the woman. Allah the Exalted said:
And give the women [upon marriage] their [bridal] gifts graciously
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةًThe questioner : ... .
The Shaykh : No, no, I am saying that those in Unaizah have no right. Yes, the right. No, no, absolutely not.