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My question as follows if some one make marriage contract with a virgin woman, that kind of contract not acceptable without the presence of her wali/parent(Father).

Mu' meneen Brothers and Sisters,

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i am very much delighted to have this remarkable chance to express my question, first i would like to thank you for your guidance to all umaa who has question related to our religion Muslim.

 

my question as follows if some one make marriage contract with a virgin woman, that kind of contract not acceptable without the presence of her wali/parent(Father).

1)OK when the time of engagement the man who marry the girl her father and two or three witness must be available.

if the above mentioned is correct where the bottom line who will decide for dowry/meher is it the father or the girl.

and if the father decide the dowry of his daughter in presence of the witness and the person who marry the girl agree with what they decide in dowry but at that moment he didn't clear the dowry is it allowed for a man to sleep with the girl and pay the dowry letter.

 

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Answer:

 

Determination of mehr

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.


 

May Allah Subhanah reward you with the best of this world and the Hereafter for your kind comments of encouragement for our humble efforts in the propagation of the Truth. If our humble and modest efforts have helped even one brother or sister get closer to Allah and His Deen of Truth, then we would consider ourselves indeed fortunate to have been given this opportunity by the Lord Most Merciful to serve in His Cause. We hope, beg, and pray the Merciful Lord accepts our humble and weak efforts, forgives us our shortcomings, and saves you, us, and all the believers from the torment of the Hell Fire. Ameen.

 

Your Question: .who will decide for dowry/meher is it the father or the girl.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 4:

4 And give the women (on marriage) their dower (mehr) as a free gift; but if they of their own good pleasure remit any part of it to you take it and enjoy it with right good cheer.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 24:

24 Also (prohibited are) women already married except those whom your right hands possess. Thus hath Allah ordained (prohibitions) against you: except for these all others are lawful provided ye seek (them in marriage) with gifts (mehr) from your property desiring chastity not lust. Seeing that ye derive benefit from them give them their dowers (at least) as prescribed; but if after a dower is prescribed ye agree mutually (to vary it) there is no blame on you and Allah is All-Knowing All-Wise.

 

The amount of Mehr in Islam is either offered by the groom and accepted by the bride (with consent and agreement of her guardians/parents), or an amount demanded by the bride (with consent and agreement of her guardians/parents) and accepted by the groom. Although in Islamic Law the final decision of how much mehr is acceptable is the decision and sole right of the bride alone, this decision is best taken by the bride with the consent of her father or guardian. The bride alone has the sole rights to the mehr amount, and she may spend that amount on whoever and whatever she wills and pleases.

 

Your Question: .and if the father decide the dowry of his daughter in presence of the witness and the person who marry the girl agree with what they decide in dowry but at that moment he didn't clear the dowry is it allowed for a man to sleep with the girl and pay the dowry letter.

The determination of Mehr is an obligatory condition of an Islamic marriage, and is a right that Allah Subhanah has commanded the believing man to gift to his wife at the time of marriage.

 

It would indeed be considered righteousness for the believer to pay the determined mehr to his wife at the time of marriage; but if the wife agrees to accept the mehr at a later date, or in installments, etc., she is well within her rights in Islam to do so. She even has a right, if of her own free will, she chooses to forgive her husband the mehr (part or full) amount he owes her! The wife is the sole owner of the mehr amount and she may do with that amount whatever she wishes.

 

As long as the mehr amount was determined at the time of nikaah and agreed by both parties, regardless of whether the husband actually paid the determined amount of mehr to his wife or not at the time of marriage, the condition of the determination of mehr would have been deemed honored in the Sight of Shariah.and the husband and wife are at absolute liberty to enjoy conjugal relations with each other in their marriage.

 

If the husband agrees to pay an amount as the mehr to his wife at the time of his marriage, and does not pay his wife her right, nor gets it forgiven by her before her death, then it will remain as an unpaid debt upon him. and he will have to repay that debt unto his wife with his good deeds on the Day of Judgment!

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 


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