The Islamic Ruling on Dower (Mahr) and the Husband's Denial
Source: Fatāwā Muḥammadiyyah, Vol. 1, Pg. 725
What is the ruling according to the Qur’an and Sunnah about a man who divorces his wife in the state of ṭuhr (purity from menstruation) by sending her divorce letters with different backdated dates (e.g., 10-07-99, 10-08-99, 10-09-99, and 15-09-99), via registered post and through the local arbitration council?
According to the Qur’an and Sunnah, the final irrevocable divorce (ṭalāq mughallaẓah) occurred after the waiting period had passed. Now, the husband is refusing to pay the dower (mahr), even though it was clearly stipulated in front of the marriage registrar and documented with witnesses.
Is mahr the wife’s right or not?
Furthermore, on the very first night, the woman was pressured to forgive the mahr, but she refused. The mahr was agreed upon as follows:
◄ Plot No. 1 (5 Marla)
◄ Plot No. 121 (1 Marla)
◄ 3.5 tola (approx. 40 grams) of gold jewelry
Now, simply because the wife did not waive the mahr, the husband divorced her and labeled her disobedient. The girl is an orphan and is being oppressed. Kindly issue a ruling based on the Qur’an and Sunnah so that the property registered in the husband's name may legally be transferred to the wife as part of her mahr.
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
If the question is presented accurately, then it is clear that the mahr becomes obligatory upon the husband after valid consummation (i.e., sexual intercourse), regardless of whether the mahr is small or large.
Allah says in the Qur’an:
﴿وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً ۚ فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًا ﴾
“And give the women their dower (mahr) graciously. But if they, of their own good pleasure, remit any part of it to you, then enjoy it with pleasure and goodwill.”
(Surah al-Nisāʾ: 4)
The word niḥlah here means a mandatory obligation.
Shaykh Abū Bakr Jābir al-Jazāʾirī writes:
“That men must give the mahr to their wives as a religious obligation from Allah. No one—not the husband or anyone else—has the right to take anything from it without the wife’s free consent.”
(Aysar al-Tafāsīr, Vol. 1, Pg. 436)
Imām Muḥammad Ṣābiq al-Miṣrī states:
“Give the women their mahr as a fixed obligation without expecting any return in exchange… If the wife, out of genuine willingness, gives up something, it is ḥalāl. But if done due to fear, shame, or pressure, then it is not valid.”
(Fiqh al-Sunnah, Vol. 2, Pg. 135)
Even if the husband gave an enormous amount (e.g., qinṭār – heaps of gold), taking it back is ḥarām.
➊ Surah al-Nisāʾ, Verse 24:
﴿فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً﴾
“So, for the enjoyment you have had from them, give them their due compensation as an obligation.”
➋ Surah al-Baqarah, Verse 229:
﴿وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا﴾
“It is not lawful for you to take back anything from what you have given them (as mahr).”
✔ Mahr is a woman’s rightful, Sharʿī obligation.
✔ Reduction or waiver is valid only with the wife’s free and voluntary consent.
✔ If the husband has the means but refuses to pay, the wife may claim her right through court.
✔ It is mandatory upon the court to establish her right and ensure payment.
Shaykh Naẓīr Ḥusayn Dehlawī رحمه الله said:
“If the husband, despite having the means, refuses to pay the mahr, the judge should recover it from his property and give it to the wife. If he still resists, then he should be imprisoned, because this is injustice.”
(Fatāwā Naẓīriyyah, Vol. 2, Pg. 595)
The wife’s mahr—whether in the form of plots, gold, or cash—is a religious obligation upon the husband as per the Qur’an and Sunnah.
◈ The husband's refusal is oppression and a grave sin.
◈ The wife is fully authorized to legally reclaim her right.
◈ The court is bound to enforce the mahr based on Islamic law.
وَاللهُ أَعْلَمُ بِالصَّوَابِ
Source: Fatāwā Muḥammadiyyah, Vol. 1, Pg. 725❖ Question:
What is the ruling according to the Qur’an and Sunnah about a man who divorces his wife in the state of ṭuhr (purity from menstruation) by sending her divorce letters with different backdated dates (e.g., 10-07-99, 10-08-99, 10-09-99, and 15-09-99), via registered post and through the local arbitration council?
According to the Qur’an and Sunnah, the final irrevocable divorce (ṭalāq mughallaẓah) occurred after the waiting period had passed. Now, the husband is refusing to pay the dower (mahr), even though it was clearly stipulated in front of the marriage registrar and documented with witnesses.
Is mahr the wife’s right or not?
Furthermore, on the very first night, the woman was pressured to forgive the mahr, but she refused. The mahr was agreed upon as follows:
◄ Plot No. 1 (5 Marla)
◄ Plot No. 121 (1 Marla)
◄ 3.5 tola (approx. 40 grams) of gold jewelry
Now, simply because the wife did not waive the mahr, the husband divorced her and labeled her disobedient. The girl is an orphan and is being oppressed. Kindly issue a ruling based on the Qur’an and Sunnah so that the property registered in the husband's name may legally be transferred to the wife as part of her mahr.
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh. Ammā baʿd:
If the question is presented accurately, then it is clear that the mahr becomes obligatory upon the husband after valid consummation (i.e., sexual intercourse), regardless of whether the mahr is small or large.
❖ Qur'anic Evidence:
Allah says in the Qur’an:
﴿وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً ۚ فَإِن طِبْنَ لَكُمْ عَن شَيْءٍ مِّنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَّرِيئًا ﴾
“And give the women their dower (mahr) graciously. But if they, of their own good pleasure, remit any part of it to you, then enjoy it with pleasure and goodwill.”
(Surah al-Nisāʾ: 4)Meaning of the word
The word niḥlah here means a mandatory obligation.
Shaykh Abū Bakr Jābir al-Jazāʾirī writes:
“That men must give the mahr to their wives as a religious obligation from Allah. No one—not the husband or anyone else—has the right to take anything from it without the wife’s free consent.”
(Aysar al-Tafāsīr, Vol. 1, Pg. 436)❖ Further Explanation:
Imām Muḥammad Ṣābiq al-Miṣrī states:
“Give the women their mahr as a fixed obligation without expecting any return in exchange… If the wife, out of genuine willingness, gives up something, it is ḥalāl. But if done due to fear, shame, or pressure, then it is not valid.”
(Fiqh al-Sunnah, Vol. 2, Pg. 135)Even if the husband gave an enormous amount (e.g., qinṭār – heaps of gold), taking it back is ḥarām.
❖ Other Qur’anic Verses:
➊ Surah al-Nisāʾ, Verse 24:
﴿فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً﴾
“So, for the enjoyment you have had from them, give them their due compensation as an obligation.”
➋ Surah al-Baqarah, Verse 229:
﴿وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا﴾
“It is not lawful for you to take back anything from what you have given them (as mahr).”
Summary of the Ruling:
✔ Mahr is a woman’s rightful, Sharʿī obligation.
✔ Reduction or waiver is valid only with the wife’s free and voluntary consent.
✔ If the husband has the means but refuses to pay, the wife may claim her right through court.
✔ It is mandatory upon the court to establish her right and ensure payment.
❖ Support from Fatāwā:
Shaykh Naẓīr Ḥusayn Dehlawī رحمه الله said:
“If the husband, despite having the means, refuses to pay the mahr, the judge should recover it from his property and give it to the wife. If he still resists, then he should be imprisoned, because this is injustice.”
(Fatāwā Naẓīriyyah, Vol. 2, Pg. 595) Final Verdict:
The wife’s mahr—whether in the form of plots, gold, or cash—is a religious obligation upon the husband as per the Qur’an and Sunnah.
◈ The husband's refusal is oppression and a grave sin.
◈ The wife is fully authorized to legally reclaim her right.
◈ The court is bound to enforce the mahr based on Islamic law.
وَاللهُ أَعْلَمُ بِالصَّوَابِ
