Sunday, May 26, 2024
No menu items!

Unpaid mahr

Fatwaa ID: 1254

Question:
Assalamualykum mufti saab. Husband did not give his wife’s mehr and now she passed away. What should he do in this situation?
And can we give nafl sadqa for those who are not eligible to take zakaat ?

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

  1. In principle, mahr is a debt which remains outstanding until paid. Accordingly, if the husband fails to pay the mahr during the lifetime of the wife, then he must pay it to her heirs. It should be given to the estate executor who will then distribute it amongst the heirs according to their Shari’ah allotted shares. He is obviously a recipient as well.
    Likewise, if he passes away before paying it to her, then it will be given to her from his estate prior to fulfilling of bequests and distribution to heirs.
  2. Nafl sadaqah may be given to anyone including those who are not zakaah eligible.

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

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

__________________
Disclaimer

Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on askthemufti.us for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.