Q&A (Fatwa)

#518: Ruling of Paying Sadāq before the `Aqd of Nikāh

QUESTION

” Please what the position of Islam with respect to Payment of Sadaki before the wedding day? What are the conditions that could legalize such a marriage? What are conditions that could invalidate it? Thanks.”

ANSWER

Alhamdulillāh!

The matter of the Nikāh is that which has its conditions. The Ulamā have agreed that its conditions are three: the Wali’s concent for the bride, the Mahr (Sadāq), and the witnesses.
The completion of these Conditions is what legalizes consummation and other rights of Nikāh for both parties.

As for the timing of the giving of the Mahr before or after the ‘Aqd, this matter is entirely left to the discretion of both parties. Even though the ‘Ulamā preferred that it be given during the ‘Aqd (Pronouncement of the Nikāh) as was mentioned by Imām Al-Khattābī – rahimahullāh.

Bārakallāhu fīkum
Jazākumullāhu Khayran

16th Rabi’l Akhir 1439AH

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