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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Who determines the mahr if the father dies and the mother and sons remain, and they disagree on the determination?

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The questioner : I say, my Shaykh, many are the homes of Muslims that are knocked on for the purpose of a marriage proposal. A young man proposes to a specific man's daughter, for example. And often, Allah (Blessed and Exalted is He) causes the guardian of the home to pass away, so the mother and the children and the like remain. Then some of them discuss the mahr with one another, how they determine the mahr and so on. The mother offers a suggestion, for example, and one of the sons offers another suggestion. One of the sons thinks that this mahr is high. So does he proceed with the proposal for his sister, for example, without returning to the words of his mother, who insists on a specific number, for example? Or is it that some families, some families, my Shaykh, also have the brothers agreeing on a specific thing, and they see that this is necessary, following the example of their brothers and sisters? So what does this young man offer? What does he do? Does he prioritize his mother's opinion over his own? Or the opinion of his brothers, for example, who see that if their opinion is not heeded, a specific harm might occur? How does he act? Knowing that he believes his opinion is the closest and most effective regarding the matter?

The Shaykh : I think, and Allah knows best, I think, and Allah knows best, in such a case, that they should exchange opinions, the mother and the brother. But I see that the one most entitled to it, whose name is not mentioned, is the daughter.

The questioner : The owner of the right!

The Shaykh : The owner of the right. So in reality, she must be consulted on this matter. And may Allah forbid, if she follows the mother in the highness of the mahr, there is no power and no strength except with Allah. As for us, we sometimes hear that some daughters do not have this greed and this material avarice. So in that case, it may be beneficial to take her opinion on the matter. And as the Qur'anic text states:
We will strengthen your arm through your brother سَنَشُدُّ عَضُدَكَ بِأَخِيكَ
[Al-Qasas 28:35]
, so the brother is strengthened by his sister's opinion, and the sister is strengthened by her brother's opinion. Perhaps with this cooperation, they can overcome the mother's storm. But in the end, if they cannot overcome her, both of them must obey the mother, as long as there is no disobedience to the Shari'ah. But they must not resort to this obedience except after exhausting their effort to soften the mother's position, taking her son and her daughter into account as well. And the conclusion is: there must be Shari'ah policy in the matter. And in the end, the father and mother must be obeyed, naturally the father, except in disobedience to Allah, as is well known.
The student : My Shaykh, is it possible there is a plan, my Shaykh, in the matter: if the daughter agrees with this brother who, for example, wants to reduce the mahr, by saying, for example, "We are proceeding with this matter initially, God willing, for the groom," and if you are able to, she might concede to you in these matters. Is that possible, my Shaykh?

The Shaykh : This is possible, but it might be a cause of disagreement later.
The student : Yes, so a recorded word from you, my Shaykh, may Allah bless you, regarding a criterion or something close to it in the minds of people: what are the mahr amounts in the Sunnah, something close?

The Shaykh : I am not inclined to this, because we have spoken about it a lot.
The student : A lot.

The Shaykh : AndThe Shaykh : Also, the one who has my tape, it seems, where is this owner of the infection?
The student : I am the one, my Shaykh.

The Shaykh : You left the infection for him and went?
The student : I say, an article: that this is also our own selves. I said we are not inclined to it and we have strayed a lot in this matter.

The Shaykh : Yes, yes, meaning this is a sign of awareness, meaning.
The student: Yes.

The Shaykh : But I see.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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