عربي
25 ربيع الأول 1441  ,  22 تشرين الثاني 2019

Fatawaa


Fatwa Number : 3461

Subject : Ruling on Mahr upon Abolishing its Currency

Classified : Dowry (mandatory wedding gift)

Fatwa Type : Search Fatawaa


Question :

My father had passed away, but my mother is still alive. In their marriage contract, my mother`s deferred portion of the Mahr was (2000) liras. However, this currency was abolished, and replaced with a new one. What is the ruling on this?


The Answer :

The deferred portion of the wife`s Mahr(Bridal gift/money) is regarded as a debt that the husband owes, and it becomes due upon death or separation. If the husband died, then his wife is entitled to the deferred portion of the Mahr from his estate before dividing it amongst the heirs. In case the currency of that Mahr was abolished, scholars are of the opinion that it should be estimated according to its value on the day of abolishment. "If her Mahr was a thousand dirhams, but the latter`s currency was abolished, then it should be estimated in accordance with its value on the day of abolishment."{Al-Bahar Al-Raa`iq, 3/154}. Moreover, "If the loan`s currency was abolished, the loaner is entitled to its value."{Al-Moghni By Ibn Qhod`damah, 4/244}. For more details, kindly refer to {Hashyat Al-Jamal, 3/260} and {Mawahib Al-Jaleel by Imam Al-Hat`taab, 4/340}.

Accordingly, the debt (Asker`s mother`s deferred portion of the dowry) must be paid according to its value on the day of abolishment (.i.e. the value of 2000 Liras). And Allah the Almighty knows best.




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