Can a father, or the bride herself, waive the mahr after the nikah?
Summary
The questioner asked whether a father can forgive his adult daughter's mahr, and whether a woman near death can waive it when her heirs ask. Mufti Abu Muhammad Ali Asghar Attari answered that a father cannot waive an adult daughter's mahr, which is waived only if she freely agrees and the husband does not object. The reply also says that a waiver made while terminally ill is not valid by itself and needs the other heirs' agreement.
More marriage questions
Can a promise to stay punctual in salah for life stand in place of the mahr?
The asker wanted to know whether a husband's pledge never to miss a prayer for the rest of his life can replace the mahr. Mufti Abu-Muhammad Ali Asghar Attari Madani answered that mahr must be property with monetary value, and being punctual in prayer is not property, so it cannot serve as mahr. If a cash or silver amount of at least ten dirhams was also named, that amount is the mahr; if none was named or it was lower, the wife is owed the mahr of comparable women on her father's side. The respected mufti added that praying on time is obligatory in its own right and that deliberately missing a prayer is a sin.
Read the full fatwa on FatwaQA.comThis is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.
Can a copy of the Qur'an be given as part of the mahr together with cash?
A man asked whether he may give a copy of the Qur'an as part of the mahr alongside a cash payment. Mufti Ebrahim Desai replied that mahr may be paid in cash or in kind, so a Qur'an is acceptable. The reasoning is that mahr must be something of recognised monetary value, with a minimum of ten dirhams' worth of silver (about 30.6 grams) and no maximum. The Qur'an therefore counts as long as its value reaches that minimum, and the answer cites classical Hanafi books for the condition that mahr be property. It does not discuss how to value a particular copy.
Read the full fatwa on askimam.orgThis is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.
After three divorces long ago, may the former wife keep living in his house, and does she have any claim to support or property?
A man said he gave his wife three written divorces about nineteen years ago, yet she still lives in his own house and refuses to leave, and he asked whether this is permissible, whether he must house or support her, and whether she has any right to his property. The respected scholar Muhammad Yaqoob Ali answered that three pronouncements end the marriage for good in the major category known as hurmat-e-mughallazah, so the written divorces took effect long ago. Once the waiting period is over she is legally a stranger to him, which means he owes her neither maintenance nor accommodation, and she gets no share in his property merely because of the former marriage. Her insistence on staying and claiming his property is therefore not permissible and she should stop. The answer rests on classical Hanafi works including Fatawa Hindiya and Badai al-Sanai, and it does not discuss his sons or any court procedure.
Read the full fatwa on OnlineFatawa.comThis is a brief summary for reference only. Read the full answer at the source, and consult a qualified scholar about your own situation. Scholars and schools of thought may differ on some questions. Nikkup does not issue fatwas.
