Do I have to pay the remaining Mahr?
Question
I recently divorced my wife, the contract I made with her prior to marriage was if I ever divorced her that I would pay her £1500 in Mahr. I have now divorced her for the following reasons, continuously asking me for a divorce, foul mouthed, wasting money, disobedience and choosing her cousin over me, before I divorced her I asked her sheikh, her mother to reason with her, gave her time to come to her senses , and before I divorced her I prayed to Allah swht in Tahajjud to better her and if she was good for me to please allow me to find an excuse for me to keep her and finally I prayed istikhara on divorcing her.
After I divorced her i told her I would pay her mahr in payments as I could not afford the entire amount in one payment, she said "No, I don't want it if your going to pay it me like that" I then said to her directly "do you want your mahr or not with which she replied " No, go and shove it up you Ass".
Brother mufti I am really sorry about the obscene language used but I like to explain the situation in its entirety. I know it is a debt and her right which I am still willing to fulfil if it is still payable but because of what she said in her conversation, has she rejected it?
Do I still have to pay her the mahr? I would really appreciate your advice on this matter.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In order for us to issue a ruling clarify the following,
1) Did you pay mahr at the time of the marriage? How was it payed and the amount?
2) When you refer to 1500 in mahr, what did you mean? Is it the original mahr amount inflated due to divorce or a penalty on you?
You may forward the clarification to admin@daruliftaa.net titled "Clarifications for Previous Query".
And Allah Ta’āla Knows Best
Arshad Ali
Student Darul Iftaa
Trinidad
Checked and Approved by,
Mufti Ebrahim Desai.
http://www.daruliftaa.net/
- Answered by
- Arshad Ali
- Checked & approved by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/27743
Fatawa SA: https://fatawa.co.za/fatwa/askimam-27743
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