Can I pay the Mehr by loan?
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Alsalam
Alaikum Wa Rahmat Allah Wa Barakatuh
MY
DEAR MUSLIM BROTHER MR BURHAN,
This
is the 3rd time I am asking the same question to which I didn't receive the
answer till now. My question was
1.Can
I pay the Mehr by loan? Example: if I don't have money at the time of marriage
can I borrow form other to pay Mehr?
2.What
if she said she needs Mehr at the time of Nikha only?
3.The
Girls or her parents or guardian has to decide the Mehr?
4.What
if girls need more Mehr after marriage, although what ever the things which
belongs to me it also belongs to her, but if she demand more money as Mehr will
it become compulsory to pay ?
Brother
Bhuran this are few drought which I am having and it's vital for me to know As
soon as possible because inshalla within 3 month I am getting married.
Hope
you understand ma question,
jazakallah,wassalam`
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Borrow to give Mehr
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
We sincerely and humbly apologize to you and seek the
forgiveness of our Lord Most Gracious for the delay in addressing the queries
of some of our brothers and sisters who wish to learn of the tenets of the
deen. Beloved brother, at times the
deluge of questions posed on the forum are so many that in spite of our very
best efforts, we are not able to address all the queries on time. In all humility and sincerity, we beg and
implore you to bear with, overlook, and forgive us our severe and several
shortcomings….and we assure you that we shall re-double our efforts to the
absolute best of our ability to reply all the queries on time, Insha Allah.
Your Question:
….Can I pay the Mehr by loan? Example: if I don't have money at the time of
marriage can I borrow form other to pay Mehr?
To the best of our knowledge, there is no prohibition in
Shariah if one who seeks to marry and does not have the means to do so, takes
on a lawful loan to pay for the ‘mehr’ and the marriage expenses, if indeed
they wish to do so.
Your
Question: What if she said she needs Mehr at the time of Nikha only?
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 4:
4 And give the bride (on marriage) their dower (mehr) as a free gift; but if they of their own good pleasure remit any part of it to
you, take it and enjoy it with good cheer.
To determine the amount of ‘mehr’ to be given to the bride
at the time of marriage is an absolutely obligatory condition of a ‘nikaah’ in
Shariah Law. It is entirely upto the
bride to demand that the ‘mehr’ be paid in full at the time of her ‘nikaah’
itself, or it be paid in full at a later date, or it be paid in installments,
or a part or all of it be forgiven by her at a later date….the bride has
absolute and complete authority on when, what, and how much ‘mehr’ is to be
accepted by her.
If the bride demands that the ‘mehr’ be paid to her in
full at the time of her ‘nikaah’, she is well within her rights in Shariah to
do so; and it is the responsibility and the duty of the groom who wishes to
marry her to fulfill her lawful demand.
Your
Question: The Girls or her parents or guardian has to decide the Mehr?
The amount of Mehr is something that is offered by the
prospective husband and/or demanded and accepted by the bride, or the bride’s
guardians with her consent. The ultimate
authority and decision on what amount to accept as ‘mehr’ is in the hands of and
the right of the bride in Islam.
Your
Question: What if girls need more Mehr after marriage, although what ever the
things which belongs to me it also belongs to her, but if she demand more money
as Mehr will it become compulsory to pay ?
The actual and legal amount of ‘mehr’ is only what is
determined at the time of the ‘nikaah’ contract. After the marriage, the wife does not have a
right to increase the amount of ‘mehr’, but she definitely has the right to
decrease a part of it, or even forgive all of it, if indeed that is what she
wishes to do….but under no circumstances can she demand an increase in the
amount of ‘mehr’ agreed at the time of her ‘nikaah’.
The wife is well within her rights to ask her husband to
increase his spending on her after her marriage, and if the husband is blessed
by the Lord with abundance, he should fulfill the lawful needs and desires of
his wife……..but she cannot demand that the amount of ‘mehr’ which was agreed
between the bride and the groom at the time of their ‘nikaah’ be increased
after their marriage.
Sahih Al-Bukhari Hadith 1.53 Narrated by Sad bin Abi Waqqas
Allah's Messenger (saws) said, "You will
be rewarded for whatever you spend for Allah's Sake, even if it were a morsel
which you put in your wife's mouth."
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan