I have decided to divorce her. so in this case do I have to pay her, her complete mehar/dory.
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:
Assalam
Alikum,
I was
married to a 24 years old woman from
I have
decided to divorce her. so in this case do I have to pay her, her complete
mehar/dory.
(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:
Pay mehr upon
divorce
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.
Your
Question: I have decided to divorce her. so in this case do I have to pay her,
her complete mehar/dory.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 4:
4 And give the women (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 right good cheer.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verses 20-21:
20 But if ye decide to take one wife in place of another even if ye had
given the latter a whole treasure for dower, take not the least bit of it back:
would ye take it by slander and a manifest wrong?
21 And how could ye take it when ye have gone in unto each other and
they have taken from you a solemn covenant?
Respected brother, if the marriage is consummated, then
indeed you are liable to pay your wife the full and complete ‘mehr’ which was
promised to her at the time of the ‘nikaah’.
If it is you who is initiating the divorce, not only would you have to
pay her the full ‘mehr’, but it would not be lawful for you to ask or demand
that she return any of the other gifts which you might have given her during
the marriage, if indeed you fear Allah and the Last Day.
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