Q&A – The mahr in a divorced marriage (that is not consummated)
Channel: Musleh Khan
File Size: 2.32MB
not a brother married his wife, and the mother has been paid.
And the motto was that we will have a deposit to buy a house.
The wife has not consummated the marriage, but a month later decides that she wants a divorce.
What is the situation for the brother and the sister? What is the Islamic ruling on that? Okay, great question. Does that Hello, hi, Adam. So the brother is asking, What if two people get married and they agree on a mahato that there is going to be a deposit on a house or or whatever the whatever the case is, whether it's an actual object or a service. However, prior to the marriage being consummated, there is going to be a divorce. What happens in this situation? scholars agree that before consummation, whatever Mahara is paid should be returned, the woman she is entitled for the entire amount to be returned to her. Now, the question here is a deposit for a house. Now, in
this particular case, here, the two parties should go to a judge if there's one available and Islamic judge, and if there isn't one available, then you can at least go to a respected mm or a student of knowledge, who is going to determine a value of whatever amount is going to be between these two individuals. And that's what they will pay. And if the deposit of the house was a specified amount, and they both both of them agreed on the specified amount, then that is what they have to return back to her. Now this is of course with the condition that it was paid, if it wasn't paid, then everything is going to be fine. And there's no issue with that. So that's important in
sha Allah and and I'm glad that the questioner you mentioned prior to the marriage being consummated, because if it was consummated, then it will be a completely different issue with the method. Sometimes it'll be half sometimes it will be nothing depending on the situation such as Hello, hi.