Does a woman who has been irrevocably divorced have the right to demand a sum of money stipulated to be paid to her in the marriage contract upon her divorce so that she may marry another, and is this condition Islamically valid?
What the Ma'dhun (marriage official) wrote in the marriage contract did not clarify whether it was a financial penalty for divorce or a deferred part of the Mahr (dowry). If it is a discretionary punishment (Ta'zeer) for divorce, then it is neither binding nor permissible, because Ta'zeer is not permissible for a permissible act. And if it were permissible, it would be within the exclusive jurisdiction of the ruler (Wali al-Amr) and could not be in the form of money.
If the amount is a part of the deferred Mahr, to be paid monthly until the woman remarries, then the Mahr is considered void because its amount and term are unknown. In this case, the wife is entitled to the Mahr al-mithl (dowry of her peers). Al-Buhuti al-Hanbali said in Daqa'iq Uli al-Nuha: "Likewise, anything whose amount or attainment is unknown is not valid to be a Sadaq (dowry)." Imam Al-Shafi'i said in Kitab al-Umm: "If the marriage contract was concluded with an unknown or unlawful Mahr, the contract is established by the verbal agreement, and the woman is entitled to the Mahr al-mithl if consummated." The determination of Mahr al-mithl has been explained in Fatwa No. 98349.
As the matter has reached the court, it is the court that has the authority to resolve the dispute.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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