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 Brother Burhan,

I am going to get married soon and would like some advice regarding mehr. Is it necessary for there to be an exact amount stated that should be given to me? Is it okay if I would like for my husband to agree to give me 50% of whatever he posesses at the time of divorce unless infidelity can be proved. Or should I ask for a specific amount? Also, can I ask for the 50% of wealth if in case of divorce plus a specific amount of mehr?

Many thanks in advance for taking the time to answer my questions. May Allah bless you.

Allah Hafiz

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Answer:

What conditions can bride put in nikaah contract

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:

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.

One of the absolutely obligatory conditions of an Islamic ‘Nikaah’ is that the husband proposes and gives a specific amount as a free gift unto his wife, and the wife accepts that amount as her ‘mehr’ for the marriage.

Your Question: Is it necessary for there to be an exact amount stated that should be given to me?

Islam has not specified the exact amount of ‘mehr’ to be presented, but rather any amount of ‘mehr’ which is mutually agreed between the two parties, either proposed by the groom and accepted by the bride or demanded by the bride and accepted by the groom, regardless of however big or small it may be, would suffice to fulfill the obligatory condition of ‘Nikaah’.

Al-Tirmidhi Hadith 3206 Narrated by Amir ibn Rabi'ah

A woman of the Banu Fazarah was married for a dower (mehr) of two sandals. When Allah's Messenger (saws) asked whether she was satisfied with two sandals regarding her person and her property and she replied that she was, he (saws) gave his approval.

The ‘mehr’ in Islam could be as much as a treasure or even just a couple of paltry sandals depending on the financial status of the party proposing or demanding it.

Your Question: Is it okay if I would like for my husband to agree to give me 50% of whatever he posesses at the time of divorce unless infidelity can be proved. Or should I ask for a specific amount? Also, can I ask for the 50% of wealth if in case of divorce plus a specific amount of mehr?
A woman is well within her rights in Shariah to demand whatever she wills as the ‘mehr’ for her marriage; and it is upto the husband-to-be to accept her demanded ‘mehr’ and marry her, or reject her demand and marry someone else.

If the wife-to-be demands that half of the wealth be given to her as her ‘mehr’ for marriage, she is well within her rights to say so….and it is upto the husband to accept her demand and marry her, or reject her demand and marry someone else.

In addition to the amount of ‘mehr’, the wife-to-be is well within her rights in Shariah to place any number of conditions in her ‘nikaah’ contract….provided of course they are accepted by her husband.

For example, the wife-to-be is well within her rights to place the following (and any other lawful) conditions in her ‘nikaah’ contract…if she wishes to do so:

1. that she will live in a particular area, place or house after the marriage.
2. that her husband will pay her an ‘x’ amount of money for her expenses every day/month/year.
3. that she will be allowed to visit and live with her parents 1/2/3/4 etc. months of the year….etc. etc.

If the wife-to-be so wishes, she is well within her rights in Shariah Law to place the condition in her ‘nikaah’ contract that if the husband were to divorce her for any reason whatsoever, in addition to the ‘mehr’ amount already paid, he would be liable to pay her half his wealth….it is entirely upto the wife-to-be to decide which demands she wishes to place in her ‘nikaah’ contract, and it is upto the husband-to-be whether he wishes to accept all her demands and marry her, or reject her demands and marry someone else.

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