The Right to Disposition of a Woman's Mahr
Machine translationRead the Arabic original
السؤال:
The listener: (M. A. D.) from Riyadh, asks about the correct way to pay mahr. Is the daughter's mahr taken to furnish the marital home, or how is the matter handled for him?
Answer:
The mahr is hers; she disposes of it as she wishes. It is not for furnishing the house. The mahr is hers; she keeps it and places it in a residence, a house, or a car, or in anything else. Or, if she is of sound mind, she may wish to give it in charity. This is her money.
As for furnishing the house, that is the husband's responsibility; he is the one who furnishes the house. And if she permits and participates with him in furnishing it with her mahr or part of it, there is no harm. Allah the Exalted said: [Surat al-Nisa: 4]. If she is pleased with something and is of sound mind, there is no harm, whether it is the entire mahr or part of it.
As for the principle, the principle is that it is her property; she disposes of it however she wishes in what the Shari'ah permits. He has no right to object to her regarding her money if she is of sound mind, and furnishing the house is the husband's responsibility. Yes.
The presenter: May Allah reward you with good. Regarding her jewelry and clothing, are they from her mahr, or from the husband?
The Shaykh: It is according to what they agreed upon. If he gave her jewelry along with the money, that is fine. Otherwise, he is not obligated to give anything other than what they agreed upon. The thing they agreed upon is sufficient. So, if he agreed with her guardian, or with her, on specific jewelry, he must fulfill what was stipulated for her, as the Prophet (peace and blessings be upon him) said:Bulugh al-Maram 8:32 And in another hadith: .
So, if he agreed with her, or with her guardian, on a known amount of money, or on known jewelry, they are bound by their agreement, and he is obligated to fulfill what they agreed upon. He is obligated to grant her access to marital relations only in exchange for that, so he must pay what they agreed upon. As for if he paid them a specific amount of money and they were satisfied with it, he is not obligated to give anything else. Yes.
The presenter: May Allah reward you with good, and may He do you good. What is the guidance of Your Eminence, the Shaykh, regarding people's customs in this matter?
The Shaykh: Custom is followed. If there is a custom among the people of a tribe or a town, then the husband... to it. If it is a widespread, known custom, then the husband, in the wedding feast, or in the act of consummation, does that thing... with it. If it is permissible by the Shari'ah and not forbidden, if it is a permissible custom with no objection, then there is no harm in following them in it and being satisfied with it. Yes.
The presenter : May Allah reward you with good, and may He do you good.
The listener: (M. A. D.) from Riyadh, asks about the correct way to pay mahr. Is the daughter's mahr taken to furnish the marital home, or how is the matter handled for him?
Answer:
The mahr is hers; she disposes of it as she wishes. It is not for furnishing the house. The mahr is hers; she keeps it and places it in a residence, a house, or a car, or in anything else. Or, if she is of sound mind, she may wish to give it in charity. This is her money.
As for furnishing the house, that is the husband's responsibility; he is the one who furnishes the house. And if she permits and participates with him in furnishing it with her mahr or part of it, there is no harm. Allah the Exalted said:
But if they give up willingly to you anything of it, then take it in satisfaction and ease.
فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًاAs for the principle, the principle is that it is her property; she disposes of it however she wishes in what the Shari'ah permits. He has no right to object to her regarding her money if she is of sound mind, and furnishing the house is the husband's responsibility. Yes.
The presenter: May Allah reward you with good. Regarding her jewelry and clothing, are they from her mahr, or from the husband?
The Shaykh: It is according to what they agreed upon. If he gave her jewelry along with the money, that is fine. Otherwise, he is not obligated to give anything other than what they agreed upon. The thing they agreed upon is sufficient. So, if he agreed with her guardian, or with her, on specific jewelry, he must fulfill what was stipulated for her, as the Prophet (peace and blessings be upon him) said:
The most worthy conditions to be fulfilled are those by which you make sexual intercourse lawful for yourselves (in marriage).
إن أحق الشروط أن يوفى به ما استحللتم به الفروجMuslims are bound by their conditions
المسلمون على شروطهمSo, if he agreed with her, or with her guardian, on a known amount of money, or on known jewelry, they are bound by their agreement, and he is obligated to fulfill what they agreed upon. He is obligated to grant her access to marital relations only in exchange for that, so he must pay what they agreed upon. As for if he paid them a specific amount of money and they were satisfied with it, he is not obligated to give anything else. Yes.
The presenter: May Allah reward you with good, and may He do you good. What is the guidance of Your Eminence, the Shaykh, regarding people's customs in this matter?
The Shaykh: Custom is followed. If there is a custom among the people of a tribe or a town, then the husband... to it. If it is a widespread, known custom, then the husband, in the wedding feast, or in the act of consummation, does that thing... with it. If it is permissible by the Shari'ah and not forbidden, if it is a permissible custom with no objection, then there is no harm in following them in it and being satisfied with it. Yes.
The presenter : May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.