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:

Assalamu Alaikum. I have a question Marriage in Court Office. (Question No.4179)Are Muslims allowed to marry in registery Offices?) In answer to this question it has been mentioned that Mehr has to be present. If wife has forsaken her Mehr and Mehr is not mentioned during the marriage ceremony is that marriage still valid?

All other pre condition are met.

Thanks 

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Answer:

Marriage without 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 no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) 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: If wife has forsaken her Mehr and Mehr is not mentioned during the marriage ceremony is that marriage still valid?

Allah says in the Holy Quran Chapter 4 Surah Nisaa verse 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.

The determination of the ‘mehr’ is an absolutely obligatory condition of an Islamic Nikaah; and it is entirely upto the woman to forgive the mehr gift, if she wills do so. But its mention and determination is an absolutely obligatory pre-condition for a marriage to be legal in the Sight of Shariah Law and of Allah Subhanah.

If the ‘mehr’ right of the woman is neither determined nor mentioned at the time of the Nikaah, that marriage will neither be complete nor legal until the ‘mehr’ amount is mentioned or determined between the husband and the bride (or her guardians).

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