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:

A husband forced his wife by scaring and hitting her to sign on the transfer deed of the property in the name of his brothers. This property was agreed as Mehar and is also mentioned in her Nikkah Form as her Mehar. Does this mean that the wife is now permanently deprived from her Mehar and what are the implication on her husband?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Take mehr back by force

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.

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.

Allah Subhanah has Commanded that a bride be given the ‘mehr’ as a free gift at her marriage; and unless and until the bride herself, of her own free will, remits or shares any part of it, none except her has a right over the ‘mehr’.

If anyone has forced the woman to sign off her property against her will, and she can prove that her property was forcibly taken from her in a court of law in this world; she is well within her rights to take back what is rightfully hers.

If anyone has forced the woman to sign off her property against her will, and is unable to or does not wish to take the matter to a court of law in this world, according to the laws of this world she could indeed be deprived of something which rightfully belongs to her; for the courts of this world decide their cases on tangible proofs and evidences alone. But in the Court of the Majestic and Supreme Lord on the Day of Judgment, the ones who forcibly took something from someone without right will have an extremely severe accounting for their injustice and fraud and will have to pay back the women with the currency of the Hereafter; ie. ‘good deeds’.

Sahih Al-Bukhari Hadith 9.97 Narrated by Um Salama

The Prophet (saws) said, "I am only a human being, and you people have disputes (and you come to me to Judge your disputes). Maybe some one amongst you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favor according to what I hear. Beware! If ever I give (by error) somebody something of his brother's/sister’s right then he should not take it as I have only given him a piece of the Fire."

Sahih Muslim Hadith 6251 Narrated by Abu Hurayrah

Allah's Messenger (saws) asked: ‘Do you know who is a ‘muflis’ (an absolute and abject pauper)?’ They (the Companions of the Prophet (saws)) said: ‘A ‘muflis’ amongst us is one who has neither dirham with him nor wealth.’ He (the Prophet (saws)) said: ‘The ‘muflis’ (or absolute pauper) of my Ummah would be he who would come on the Day of Resurrection with prayers and fasts and Zakat but (he would find himself bankrupt on that day as he would have exhausted his funds of virtues) since he hurled abuses upon others, brought calumny against others, unlawfully consumed the wealth of others, shed the blood of others, and beat others, and his virtues would be credited to the account of one (who suffered at his hand). And if his good deeds fall short to clear the account, then their sins would be entered in (his account) and he would be thrown in the Hell-Fire!’

If the one who did this gross and manifest injustice happens to be the husband whose duty in Islam is to protect and maintain his wife; he indeed will bear double chastisement in the Presence of the Lord Most High; and The Lord Most Just will make sure that the wife who was deprived of her rights in this world, is well and thoroughly compensated for her loss in the Hereafter.

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