I have a question regarding the deferred portion of the dowry (Mahr)*. Is the wife entitled to it only upon divorce or she can claim it even if divorce hasn`t taken place? Moreover, does she have the right to claim this portion after death of husband, even if he didn`t divorce her before that?
All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
In the marriage contract, it is recorded that the deferred portion of the dowry is due upon divorce or death, whatever comes first. If divorce took place first then the woman is entitled to it and if the husband died this amount must be paid from his estate. On the other hand, if the woman died then the husband becomes liable for this portion and it becomes part of the woman`s estate. We advise every husband to give this portion to his wife while alive because it is a right of hers. And Allah The Almighty Knows Best.
* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.
My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?
All perfect praise be to Allah, the Lord of the worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah The Almighty Knows Best.
If a father stops his daughter from getting married, is it permissible for her to conclude the marriage contract herself?
It is permissible for the father to stop his daughter from getting married if there was a lawful reason for that, and she isn`t allowed to conclude the marriage contract without her guardian. However, if her father denied her right in getting married for an unlawful reason, then she should go to court.
What is the ruling on not offering prayer in a nearby mosque, and going to a distant one?
All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Praying in the nearby mosque takes precedence unless there was a circle of knowledge, or a larger congregation in the distant mosque provided that the congregational prayer in the nearby mosque isn`t undermined. And Allah Knows Best.
