Threatening to hold back the wife due to not receiving the Mahr in full
Question
A person agreed to pay a stipulated Mahr, which was Mahr Fatimi, when he makes Nikah. On the day of the Nikah, he pays a deposit towards the Mahr which the bride and her father agreed to accept, and the bride further agreed that because he has debts, he can settle the rest of the Mahr when the debts are settled. Now, can the father-in-law threaten to take his daughter away from her husband because of this? It is important to note that the wife (meaning his daughter) agreed to wait until he is able to give her the Mahr in full.
Answer
If the wife agreed to receive her Mahr at a later stage (after the husband settles all his debts), then her father is not entitled to hold back his daughter from her husband, as the arrangement or agreement of a deferred payment between the husband and wife is in order in terms of Shariah. However, if the husband is able to come up with the funds and pay the Mahr at this stage, then he should do so without any further delay, as the girl’s father making an issue could negatively impact his marriage. Again, it will be wrong for the father to hold back his daughter from her husband due to not paying the Mahr immediately.
References (Arabic / Urdu sources)
فانما قام مقامه للتراضي به ثم عرف المهر في العناية بانه اسم للمال الذي يجب في عقد النكاح علي الزوج في مقابلة البضع اما بالتسمية او بالعقد (رد المحتار ص100 ج3)
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- Mufti Mohammed Desai
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