Wednesday, February 8, 2023
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Mahr, nikaah and insurance related

Fatwaa ID: 394

Question:
Assalamualaikum
Question on Mahr:

What is an appropriate Mahr? I understand it should be according to the man’s means… how does one figure that out?

Is the established amount that the woman chooses open to negotiation by husbands family?

Can Mahr be given in payments after Nikkah? If he cannot afford the full amount by the time of nikkah?

Can Mahr be complete/partial ownership of property?

Can Mahr be a mix of different things? Ex: US dollar value + gold value + property investment?

Question in nikkah contract:
Does a woman have rights to divorce or is that something that should be written in contract?

Question on insurance:
Is life insurance harram?

Question on riba:

Is a savings account harram? If so, does one have to pay charity for the interest previously accrued ?

If a man has school debt that has interest on it, is that inherited by the wife?

Can you provide resources on halal investment?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We request that you do not ask so many questions in one in the future. You may ask them separately. Nevertheless, the answers to your queries are as follows:

  1. Mahr may be any amount mutually agreed on by the two parties, the final say going to bride. However, it is appropriate and better that they agree on Mahr Mithl. This is the average amount given as mahr to similar women in that family on the father’s side. When determining this, many aspects are considered and compared.
    Some suggest that it is commendable to give Mahr Azwaajun Nabi or Mahr Faatimi.
  2. It is not clear what you mean by “established”. The parties may mutually discuss, negotiate and come to a decision. The amount should be realistic. It is necessary on the groom to pay that amount to the bride.
  3. The mahr may be paid in installments if the bride agrees to that. This is irrespective of whether he can afford it or not. If the bride does not agree, then it must be paid in full. She may prevent him from approaching her until he pays in full. However, if she waives this right once, it cannot be demanded thereafter. Again, the amount should be practical and the families should be considerate of his financial position.
  4. Yes, mahr may be complete or partial ownership of property. It may be anything that has value. The Hanafiyyah require that its value must be a minimum of 10 dirham.
  5. Yes. See the previous answer.
  6. A woman does not have the authority to divorce. That authority is given to the man by Allaah Ta’aala. Should she wish to come out of a marriage, she may request for a talaaq or present khula’. If that fails, she may consider applying for faskh. There are certain clauses which may be added to a nikaah contract that may grant her some authority. The exact wordings of this are important. Your local competent scholars may advise. Furthermore, we wish to advise that this may not be in the best interests of the couple. There are alternatives to this.
  7. No. All forms of conventional insurance, including life insurance, are haraam.
  8. A savings account is haraam. Any interest accrued from such an account must be given away in charity without any expectation of reward. This is along with tawbah and istighfaar. The account must be changed to a savings account.
  9. Debts are not inherited by others including one’s spouse. This applies to permissible loans as well as haraam interest bearing loans such as the enquired.
  10. I am not a financial advisor. Kindly refer to one for further details.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

06/23/1444 AH – 01/16/2023 AH | AML1-6876

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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