Ruling on the condition of a deferred mahr in the event of divorce
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The first message we received was from the sender Fahd Hayl Shaym al-'Anazi from the Northern Borders, Turaif. He says in his message: Peace be upon you and Allah's mercy and blessings, and after that: Some fathers, when they marry off their daughter, condition the husband that if he divorces her after the marriage, he must pay a sum, for example, one hundred thousand riyals. Is this permissible or not? Knowing that the husband who divorces her will not fulfill an obligation toward this husband. Please inform us, may Allah reward you with good, and may you remain well?
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
After that: It has not been established in the pure Shari'ah a fixed amount for mahr. Rather, whatever the husband and the woman's guardian agree upon as mahr is fine, whether little or much. However, the Sunnah indicates in many hadiths the lawfulness of reducing mahr and avoiding extravagance and excessive demands. This is the Sunnah, because of what is in it of encouraging marriage, chastity for young men and women, and facilitating this religious matter. Excessive demands are among the causes of preventing both men and women from marrying, whether in terms of mahr or wedding feasts. Being lenient with mahr and wedding feasts, and easing and facilitating matters in this regard is what should be done. It is among the greatest causes for increasing marriage and decreasing fornication, among the greatest causes for the chastity of men and women, and among the greatest causes for the increase of the Muslim community. Every Muslim should pay attention to this and strive to ease and facilitate matters regarding mahr and wedding feasts as much as possible. If the two spouses agree on a specific mahr, even if it is large, it is binding according to the conditions. This is based on the saying of the Prophet (peace and blessings be upon him):Bulugh al-Maram 8:32 agreed upon by al-Bukhari and Muslim.
If a specific sum of money is conditioned to be paid upon divorce and he enters into that condition, it is binding. For example, if he marries her on the condition that he pays her, say, five thousand first, and ten thousand or twenty thousand, or more or less, upon divorce, then it is binding on him. The specific final sum becomes deferred until the divorce, and the husband is obligated to pay it if he divorces, unless the sane woman permits it and exempts him from it, in which case there is no harm. This is because Allah the Exalted says: [al-Baqarah: 237]. If she permits, exempts, and is pleased with a portion of the mahr, there is no harm. This is based on the saying of Allah : [al-Nisa: 4].
The point is that the conditions between the spouses in the marriage contract are valid and binding if they are in accordance with the pure Shari'ah. This includes the condition of a specific mahr, whether immediate or deferred. This is the correct view. Yes.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
After that: It has not been established in the pure Shari'ah a fixed amount for mahr. Rather, whatever the husband and the woman's guardian agree upon as mahr is fine, whether little or much. However, the Sunnah indicates in many hadiths the lawfulness of reducing mahr and avoiding extravagance and excessive demands. This is the Sunnah, because of what is in it of encouraging marriage, chastity for young men and women, and facilitating this religious matter. Excessive demands are among the causes of preventing both men and women from marrying, whether in terms of mahr or wedding feasts. Being lenient with mahr and wedding feasts, and easing and facilitating matters in this regard is what should be done. It is among the greatest causes for increasing marriage and decreasing fornication, among the greatest causes for the chastity of men and women, and among the greatest causes for the increase of the Muslim community. Every Muslim should pay attention to this and strive to ease and facilitate matters regarding mahr and wedding feasts as much as possible. If the two spouses agree on a specific mahr, even if it is large, it is binding according to the conditions. This is based on the saying of the Prophet (peace and blessings be upon him):
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 الفروجIf a specific sum of money is conditioned to be paid upon divorce and he enters into that condition, it is binding. For example, if he marries her on the condition that he pays her, say, five thousand first, and ten thousand or twenty thousand, or more or less, upon divorce, then it is binding on him. The specific final sum becomes deferred until the divorce, and the husband is obligated to pay it if he divorces, unless the sane woman permits it and exempts him from it, in which case there is no harm. This is because Allah the Exalted says:
And to forego it is nearer to righteousness
وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَىBut 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 مَرِيئًاThe point is that the conditions between the spouses in the marriage contract are valid and binding if they are in accordance with the pure Shari'ah. This includes the condition of a specific mahr, whether immediate or deferred. This is the correct view. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.