(#206)
Question
Salam Ayalcom, I have a 3 part question. 1. Is Mahr/Dowry considered a gift in Islam, as it is typically negotiated. 2. If the wife wants to end the Islamic marriage what are the rights of the husband regarding the dowry considering they have lived together for only 1 month. Also may the husband ask for more than the dowry to cover reasonable expenses incurred e.g wedding costs. 3. If the husband and wife are separated because the wife has absconded, due to no fault of her husband and he does not know her whereabouts. Is maintenance to the wife required if it has not been asked for or sought from the wife. Jazakaullah Khair
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaram
We have received your query regarding Mahr, we apologise for the belated reply, our response is as follows:
- It is a Wajib (compulsory) obligation for the husband to give Mahr to his wife.[1]
- Please refer to Answer #183 https://darulifta.org.nz/khula/ for more information on Khula. Both parties may discuss the issue and come to a mutual agreement. It will be disliked for the husband to take any remuneration if the fault is the husbands, and it will also be disliked to take more than the Mahr if the separation is due to her. [2]
- Maintenance is a responsibility of the husband, however if the wife has absconded then the obligation of maintenance drops off from the husband. [3]
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
6th Muharram 1446
13th July 2024
[1] الهداية ٢: باب المهر
[2] [2] الهداية ٢: باب الخلع
[3] الهداية ٢: باب النفقة