Is the wife entitled to the deferred dowry stipulated in the contract and amounting to 25% of the husband's inheritance, knowing that the marriage was concluded with a Sharia contract only, and was not legally registered in America as they verbally agreed upon after the contract?
The deferred mahr, if no term is specified for it, becomes due upon one of two events: the death of either spouse, or the occurrence of separation (furqah). If the wife is divorced after consummation or valid seclusion (khulwah), she is entitled to the full mahr. However, if the divorce occurs before consummation or valid seclusion, she is entitled to half of the mahr. The agreement on the deferred mahr at the time of the nikah (marriage contract) is what is considered valid, and no subsequent verbal agreement can revoke it. If no term is specified for the deferred mahr at the time of the nikah, it becomes due upon separation.
If the deferred mahr is specified as a percentage of a known inheritance at the time of the contract, such as an inheritance from the father, then there is no ambiguity (jahalah). However, if it is from an unknown inheritance, such as 25% of what the husband leaves behind upon his death, then the deferred mahr is unknown and invalid. In this case, she is entitled to the mahr al-mithl (a mahr equivalent to that of women of similar status). If the mahr consists of a known part and an unknown part, the wife takes the mahr al-mithl, provided it is not less than the known part.
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- Original fatwa ID
- 5835
- Imported
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- Source text, unreviewed
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