Date : 06-09-2017

Question :

Does poverty absolve husband from paying the deferred portion of Mahr(Bridal money) in case he divorced his wife?

The Answer :

All perfect praise be to Allah, The Lord of the Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

In light of social norms and common practice of community, Mahr is divided into two portions: advanced and deferred, as stipulated in article(41) of the Civil Status Law in Jordan: "It is permissible to advance the payment of the Mahr which is specified in the marriage contract, and to defer all or part of it, provided that it is documented. However, if the marriage contract doesn`t clearly indicate the deferred portion of the Mahr, then it is considered part of the advanced Mahr."

The deferred portion of Mahr becomes due once one of the spouses passes away or divorce takes place."The husband is obliged to pay the Mahr in the following cases: consummation of the marriage contract, having valid privacy with wife(Khilwa), passing away (be it husband or wife)."{Al-Lubab Fi Shareh Al-Khitab, 3/15}. This is stressed in article (43) of the Civil Status Law.

Moreover, poverty doesn`t absolve the husband from paying the deferred portion of wife`s Mahr. Rather, it is a debt that he is obliged to settle like all other debts, and she has the right to make a court claim to