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Unpaid mahr

Fatwaa ID: 1254

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 ?

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

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


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