When to pay mehr muwajjal.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Dear
Brother,
Assalamualaikum!
In our society the Mehr which the bridegroom has to give to the bride is
documented in the Nikkah Nama as Mehr Muajl(Meem Wau Jeem Lam), Ghaer Muajl or
even Muajal (Meem Ein Jeem Lam). Please explain the meaning of these terms. As
far as I understand there is also a concept prevailing in our society that the
Mehr is the documented money that the husband gives to his wife if in case
their relation breaks i.e. Talaq.
Please
explain if one wants to pay the amount should he give the same amount of money
that was documented (say) about fifteen years ago inflation has to be taken
into account.
Jazak-Allah.
Wassalamualaikum.
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Answer:
When to pay mehr muwajjal
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.
Your
Question: …..Please explain the meaning of these terms.
‘Muwajjal’: literally means late or something that will be
given later at a specified or unspecified date.
‘Ghayr-Muwajjal’: early or immediate.
‘Muajjal’: early or immediate.
‘Ghayr-Muajjal’: late or something that will be given
later at a specified or unspecified date.
Your
Question: As far as I understand there is also a concept prevailing in our
society that the Mehr is the documented money that the husband gives to his
wife if in case their relation breaks i.e. Talaq.
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.
To determine the amount of ‘mehr’ is one of the absolutely
obligatory conditions for a ‘nikaah’ to be considered valid and legal in
Shariah Law, and it would obviously be best, and akin to piety and
righteousness, that one fulfill the determined ‘mehr’ unto their bride at the
time of ‘nikaah’ itself.
The ‘mehr’ will remain a debt unto one’s wife until it is
paid; but if the wife, of her own free will and choice and without any force or
coercion whatsoever, wishes to remit a part or all of it, she is well within
her rights to do so.
Your
Question: Please explain if one wants to pay the amount should he give the same
amount of money that was documented (say) about fifteen years ago inflation has
to be taken into account.
If for any reason the
husband had not paid the determined amount of ‘mehr’ unto his wife at the time
of the ‘nikaah’….and it has been say fifteen years since their
‘nikaah’….legally the husband is only responsible to fulfill the amount that
was documented in their ‘nikaah’ contract.
But if the husband, of his own free will, wishes to add and give more
than the documented amount of ‘mehr’, he is well within his rights to do
so.
Whatever written of Truth and benefit is only
due to Allah’s 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