What is the amount due to be paid from the deferred dower, and is the daughter's maintenance obligatory after obtaining her degree, given that the agreement on the deferred dower was made out of ignorance of its nature as a due debt?
The issue revolves around the ruling on deferred Mahr (dowry) when no term is specified for its payment, or when the term specified is unknown. Scholars have differed on this matter:
Opinion of Permissibility: The deferred Mahr is valid and becomes due upon separation (death or divorce).
Opinion of Prohibition: Invalidity of the Term and Acceleration of the Payment: The Mahr becomes immediately due. Invalidity of the Specification and Obligation of Mahr al-Mithl (Mahr of the Like): Mahr al-Mithl becomes obligatory.
The Enquirer's Case: If the deferment is valid, he must pay the agreed-upon deferred amount (25,000 Egyptian Pounds) upon separation. Otherwise, the Mahr would be due immediately or Mahr al-Mithl would be obligatory, depending on the details of the differing opinions.
Daughter's Maintenance After Death: It is not obligatory for the father. It should be from the daughter's own wealth, or from whoever is legally obligated to provide for her if she has no wealth.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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