Deferred dowry is a debt upon husband, unless wife relinquishes it

18-2-2013 | IslamWeb

Question:

i got married to a woman in Canada and i am from UK. when i got married in canada i set a amount set and now after been married for less then two years and lived together for 4 months the the marriage got into trouble and she went back to canada i have responsibilities here in uk .. my old mother and daughter from first marriage and i spend so much money trying to please my wife and now we have divorced she is asking for mahr and i can not afford the amount she is asking ... she has made my life hell after getting married.what can i do.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

 

The dowry is a right of the wife upon her husband, Allaah Says (what means): {And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease.} [Quran 4:4]

Therefore, if divorce took place after you had consummated the marriage with your wife, then she deserves the entire dowry. In case you are insolvent, it remains a debt which you are obliged to pay to her when you become able to do so. For more benefit, please refer to Fatwa 140177.

Indeed, you could have refused divorcing her until she compensates you; this can be done by her renouncing all or part of her dowry.

Since divorce has already taken place, then you are liable to pay this dowry as we have already mentioned and you are obliged to pay it to her whenever you become able to do so.

Allaah Knows best.