Jamiatul Ulama KZN

Who has the right to stipulate the Mahr?

Published as Stipulation of the Mahr

· 5 Shaʻban 1446 AH1 min readEnglish

Question

Who has the right to stipulate the Mahr? The girl or the boy? If the Mahr was not specified, and the marriage has already been consummated, what amount of Mahr should now be given to the girl?

Answer

In principle, Mahr is the right of a woman. She has full right to stipulate an amount provided it is not less than the minimum mahr amount (which is 10 Dirhams according to the Hanafi Mazhab).

The Mahr amount should be mutually agreed upon by the couple before the Nikah.

In the event that the Mahr amount was not stipulated before the Nikah, and the marriage was subsequently consummated, then the Mahr amount will be determined based on the average Mahr of other women similar to her from her paternal family. [Al-Muheet-ul-Burhaani 3/84]

N.B. Specific cases can be referred for rulings on a case-by-case basis.

And Allah Ta’ala Knows Best

Answered by
Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
View original Compare with other Darul Iftas
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, please ask a Mufti. Report an issue

For corrections or mistakes, please email us at fatawasa786@gmail.com.

Source: Jamiatul Ulama KZN — https://jamiat.org.za/stipulation-of-the-mahr/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-37746

People also ask

How much should the mahr be?

“There is a common misconception among some Muslims that the mahr must be divided into an immediate portion and a deferred portion, with the deferred portion becoming payable only upon divorce or the husband’s death. This…”

Camperdown · 172 fatawa from 7 Darul Iftas on this

What the Darul Iftas say

Related fatawa