#92. OVERLOOKING A PORTION OF THE MAHR AFTER DIVORCE
“Pls I was asked an urgent question, And I need you to help me out. Can a sister decide to forgo part of her mahr for a person who divorced her? For example she tells him to send some amount and keep the rest to him self due to his situation… Is it allowed in Islam?
ANSWER
Alhamdulillaah!
Firstly we advise that whenever any of us is asked a question on a matter we have no knowledge of, we should say to its asker that we do not know but can find out. It doesn’t matter again after that if it were urgent or not. May Allah be merciful to us all, aameen.
The conceptualization here is that they got married in accordance to the Hanbali position that the Mahr could be held in debt by the husband until he had the wherewithal to pay for it, and then they got divorced in the process before he had paid her the Maher he had in debt. Could she overlook it?
Alhamdulillaah, the ruling of this goes back to the ruling of two matters:
One, whether the Mahr can be forgone by a woman in its entirety.
Two, whether Mahr can be likened to debts
As for the first, the majority of the Ulamaa have agreed that a woman can forgo her Mahr if she wishes to and that it is her independent right. None of her family members can forgo it on her behalf. Not even her father. Except that they place for it a condition of her being matured, wise, Intelligent and independent of mind.
Imaam Ibn Qudaamah Al-Maqdisi – rahimahullaah – said in Al-Mughni:
“And if a woman forgoes her entire Sadaaq that is a due right on her husband, or a portion of it, or she gifts it out to him after she had taken it, it is permissible that she does that just as it is permissible with her own wealth. We do not know of any difference on this matter. This is due to Allah – ta’aala – saying:
إِلَّا أَنْ يَعْفُونَ [البقرة:237].
“Unless if they forgo it”
Meaning the wives.
And Allah – ta’aala – said:
فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْساً فَكُلُوهُ هَنِيئاً مَرِيئاً [النساء:4].
“And if they out of their volition, gift out to you some of it, then take it with happiness and right.”
However, it is the verdict with the Ulamaa also that it is not permissible for her to forgo the Mahr that has not been pronounced. This is because she cannot forgo what has not been given or promised to her.
Imaam Al-Jassaas – rahimahullaah – mentioned in Ahkaamu Al-Qur’aan:
“And it becomes clear also from the verse that it wouldn’t be accepted that he marries her without a Mahr under the basis that she forgoes it…”
As for whether it can be likened to debts, then that is the case inshaa Allaah.
Therefore, if he owes her the Mahr and then he divorces her later, she may chose to forgive him the Mahr.
Also if she was the one that pushed for the divorce in such a way that it was a Khul’a, then she could make the money she was supposed to pay for the khul’a the money he was supposed to pay her for the Mahr as long as both sides agree on that.
Allaahu A’alam
Baarakallaahu feekum
Jazaakumullaahu khayran
