What is the ruling on the mu'adhdhin taking a percentage of the deferred mahr?
Machine translationRead the Arabic original
The questioner : In some countries, the specified mahr is written, for example, five qirsh, meaning a quarter of a riyal. The mu'adhdhin takes a percentage of this mahr...?
The Shaykh : An external paper.
The questioner : ... .
The Shaykh : But it is strange that your mu'adhdhin takes a percentage of the mahr. It is strange. It should be a fee based on the circumstances!
The questioner : A percentage of the mahr. The contract is written...
The Shaykh : Okay, on the basis that he receives the deferred portion, the mu'adhdhin is required to bring it.
The questioner : ... .
The Shaykh : But it means that the mu'adhdhin is the one who extracts this deferred amount from the husband... Let us leave aside the question you asked. I want to know the reality in your place. If he marries her with a mahr, part of which is immediate and the rest deferred, does the mu'adhdhin take a ten percent percentage of the deferred portion? That is, if the deferred portion is ten thousand, he takes one thousand. Does this mean that the mu'adhdhin is the one who demands the husband bring the deferred amount when its time comes? He has no concern with the matter. For what purpose does he take it?
The questioner : What the mu'adhdhin takes is fees for the court and the papers.
The Shaykh : It does not contradict the court and the papers. If it were so, there would be no difference. But if one person's deferred portion is ten thousand and another's is ten riyals, how much does the one with ten riyals pay? One riyal. And the one with ten thousand pays one thousand. If it is not true that this is in exchange for the fees, in any case, may Allah reward you, it is not permissible for the mu'adhdhin to withhold anything. That is, it is not permissible for them to deceive him. They must mention it.
The questioner : ... .
The Shaykh : He does not pay two thousand pounds. One thousand pounds. How much is his fee? Two hundred.
The questioner : Ten thousand deferred. The contract specifies the true amount... Five hundred Egyptian pounds... Deferred ten thousand... The mu'adhdhin takes two thousand pounds.
The Shaykh : He takes one thousand pounds.
The questioner : On the ten thousand, he takes one thousand...
The Shaykh : He says, I will give you the one thousand if you pay the wife.
The questioner : ... .
Another questioner: Later, O Shaykh, the one thousand he takes is not from the deferred mahr. He takes it from the husband.
The Shaykh : That means the ten thousand is fixed for the woman, and he takes from the husband, making it eleven thousand. Look, we tell him, O mu'adhdhin, we bring the ink, the pen, and the papers, so you just sign. We write the contract. It does not happen the other way around, contrary to the Shari'ah. I have heard from some countries that he brings everything...
The questioner : But this paper is specific to the mu'adhdhin. He brings it from the court.
The Shaykh : It does not contradict the court. Simply, he says, give him a dry pen, and he gives you what you want. We have heard that this is how the bribe is going.
The questioner : Also, the writing is from the court, specifically. That is, do you know, 25 qirsh. Do not pay the mu'adhdhin more than that, even if the mahr is one hundred thousand. But there are aspects specific to the mu'adhdhin. So the mu'adhdhin takes these things.
The Shaykh : By Allah, in any case, it requires reflection. As long as this is injustice, and the mu'adhdhin has no effort in reality, we will see, if Allah wills, we will reflect. I think the time is up.
The questioner :"And if he married her with a thousand for her and a thousand for her father, the naming is valid. So if he divorces her before consummation and after receiving the payment, he returns the thousand, and there is nothing on the father for them. And if he stipulated that for someone other than the father, then all the named amount is for her."
The Shaykh : An external paper.
The questioner : ... .
The Shaykh : But it is strange that your mu'adhdhin takes a percentage of the mahr. It is strange. It should be a fee based on the circumstances!
The questioner : A percentage of the mahr. The contract is written...
The Shaykh : Okay, on the basis that he receives the deferred portion, the mu'adhdhin is required to bring it.
The questioner : ... .
The Shaykh : But it means that the mu'adhdhin is the one who extracts this deferred amount from the husband... Let us leave aside the question you asked. I want to know the reality in your place. If he marries her with a mahr, part of which is immediate and the rest deferred, does the mu'adhdhin take a ten percent percentage of the deferred portion? That is, if the deferred portion is ten thousand, he takes one thousand. Does this mean that the mu'adhdhin is the one who demands the husband bring the deferred amount when its time comes? He has no concern with the matter. For what purpose does he take it?
The questioner : What the mu'adhdhin takes is fees for the court and the papers.
The Shaykh : It does not contradict the court and the papers. If it were so, there would be no difference. But if one person's deferred portion is ten thousand and another's is ten riyals, how much does the one with ten riyals pay? One riyal. And the one with ten thousand pays one thousand. If it is not true that this is in exchange for the fees, in any case, may Allah reward you, it is not permissible for the mu'adhdhin to withhold anything. That is, it is not permissible for them to deceive him. They must mention it.
The questioner : ... .
The Shaykh : He does not pay two thousand pounds. One thousand pounds. How much is his fee? Two hundred.
The questioner : Ten thousand deferred. The contract specifies the true amount... Five hundred Egyptian pounds... Deferred ten thousand... The mu'adhdhin takes two thousand pounds.
The Shaykh : He takes one thousand pounds.
The questioner : On the ten thousand, he takes one thousand...
The Shaykh : He says, I will give you the one thousand if you pay the wife.
The questioner : ... .
Another questioner: Later, O Shaykh, the one thousand he takes is not from the deferred mahr. He takes it from the husband.
The Shaykh : That means the ten thousand is fixed for the woman, and he takes from the husband, making it eleven thousand. Look, we tell him, O mu'adhdhin, we bring the ink, the pen, and the papers, so you just sign. We write the contract. It does not happen the other way around, contrary to the Shari'ah. I have heard from some countries that he brings everything...
The questioner : But this paper is specific to the mu'adhdhin. He brings it from the court.
The Shaykh : It does not contradict the court. Simply, he says, give him a dry pen, and he gives you what you want. We have heard that this is how the bribe is going.
The questioner : Also, the writing is from the court, specifically. That is, do you know, 25 qirsh. Do not pay the mu'adhdhin more than that, even if the mahr is one hundred thousand. But there are aspects specific to the mu'adhdhin. So the mu'adhdhin takes these things.
The Shaykh : By Allah, in any case, it requires reflection. As long as this is injustice, and the mu'adhdhin has no effort in reality, we will see, if Allah wills, we will reflect. I think the time is up.
The questioner :"And if he married her with a thousand for her and a thousand for her father, the naming is valid. So if he divorces her before consummation and after receiving the payment, he returns the thousand, and there is nothing on the father for them. And if he stipulated that for someone other than the father, then all the named amount is for her."