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:

As-Salam-Alaikum Brother,

I have asked this question before also in Oct/2009 and I am wondering if I would receive the answer. I am posting it again if this question has been missed before. Please reply, I need to know the answer as soon as possible.

http://www.islamhelpline.com/view_answers.asp?QAID=29870

I married with ransom money (Mehr) of 21 tola gold. And I paid half of mehr (11 tola) to my wife in the form of cheque (as indian currency) but she returned that cheque to me by saying that I dont need it. But I told her this is her right and her money, but still she returned to me. Then I said her "I fullfilled my duty for the mehr and I am keeping this money as your Amanat and you can take it back anytime". And she agreed upon that.

Now after few years she is asking for her mehr but as per the current market value of Gold. Do I need to give her with the current market value or just return her money only whick I kept with me when she returned to me.

And what about the rest half part which I never gave to her. Do I need to apply current market value of gold OR market value at the time of Nikah.

I know she will do Khula (ask for Divorce) after taking mehr, may be after 6-7 months but I would like her to return my Mehr. So what will be the case of market value of Gold if she will return money to me.

Jazak-Allah Khairan

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Answer:

Mehr as gold or cash

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: Now after few years she is asking for her mehr but as per the current market value of Gold. Do I need to give her with the current market value or just return her money only whick I kept with me when she returned to me.

If you had offered your wife half the ‘mehr’ in the equivalent amount in cash/cheque at the time of your marriage and she subsequently told you to hold the amount as an ‘amaanah’ or trust….you are only liable to pay her the amount which was held in your trust.

But if out of generosity you were to pay her the current market value of the gold, it would be considered as piety and righteousness on your part in the Sight of Allah Subhanah.

Your Question: …And what about the rest half part which I never gave to her. Do I need to apply current market value of gold OR market value at the time of Nikah.

Because your assigned ‘mehr’ was in a measure of gold, for the balance half you will be liable to pay your wife either in gold or equivalent amount of the current market value of the gold.

Your Question: …I know she will do Khula (ask for Divorce) after taking mehr, may be after 6-7 months but I would like her to return my Mehr. So what will be the case of market value of Gold if she will return money to me.

If your wife does seek a ‘khula’ divorce from you and you wish to demand your ‘mehr’ is returned, and because your ‘mehr’ was determined in a measure of gold, your wife will be liable to pay you either in gold or an equivalent amount at the current market value of gold.

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