The wife stipulating the husband's payment of an amount other than Mahr


376

A: The condition that a bride or her guardian makes upon contracting the marriage to the effect that a sum of money will be payable by the husband upon divorce is valid. This is because it is considered a portion of the bridal dower that is agreed-upon to be delayed. If both parties agree upon such a condition, it should be fulfilled in case of divorce. This is affirmed by the Hadith reported by `Uqbah ibn `Amir (may Allah be pleased with him) who said that Allah's Messenger (peace be upon him) said, The conditions which make it legal for you to have sexual relations (i.e. the marriage contract) have the greatest right to be fulfilled. (Part No. 18; Page No. 407)  (Related by Al-Bukhari in his Book, Sahih Al-Bukhari) `Umar ibn Al-Khattab (may Allah be pleased with him) said, The rights are due when the conditions are made; and you are entitled to what you have stipulated. (Related by Al-Bukhari in his Book, Sahih Al-Bukhari) It is also confirmed by the general meaning of the Hadith in which the Prophet (peace be upon him) said, The believers are bound by their conditions. The following is the addition reported by Al-Tirmidhy, ...Except a condition which turns what is lawful into what is unlawful or what is unlawful into what is lawful. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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