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salman habib View Drop Down
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    Posted: 14 November 2009 at 11:34am
dear brothers in islam,

i have a query regarding mahr,

if the husband gives the wife some jewellery(amounting to equal or more than mahr) at the time of nikaah, and later when the wife (after two three months) asks for the mahr,is it ok if the husband asks her to consider the jewellery as mahr itself.
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abuayisha View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote abuayisha Quote  Post ReplyReply Direct Link To This Post Posted: 14 November 2009 at 6:12pm
If your employer gives you a bonus (amounting to equal or more than your salary) at the time of payday, and later when you (after some time has passed) ask for your salary, is it ok if the employer asks you to consider the bonus as your salary itself?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Chrysalis Quote  Post ReplyReply Direct Link To This Post Posted: 15 November 2009 at 7:14am
The most important aspect of ANY action in Islam is "Niyyah" i.e. Intention.

If the Jewellery you "gifted" her - was just a customary wedding gift - and the "Niyyah" (Intention) was of a Gift - then you cannot later put it under the "Mahr" category. That would be like trying to cheat.

If at the time of gifting her, you made your intention clear to the wife that it was her Mahr - only then it is Mahr.

 If your "Niyyah" is to please Allah, and follow His rules - then it would be better not play around with the concept of Mahr. In the Qur'an and Hadith, Allah warns men very strictly about dealing with Mahr, its a serious matter - without which many scholars say it nullifies Nikaah.

Wallahu Alam. 




"O Lord, forgive me, my parents and Muslims in the Hereafter. O Lord, show mercy on them as they showed mercy to me when I was young."
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salman habib View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote salman habib Quote  Post ReplyReply Direct Link To This Post Posted: 15 November 2009 at 12:39pm
what has niyyah got to do with it,, mahr is more imp. than giving gift,, so why not first fulfill what is necessary(mahr), and then do what is optional (gift,, etc) how can it amount to cheating,, when you have already given her something permanently,,,
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salman habib View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote salman habib Quote  Post ReplyReply Direct Link To This Post Posted: 15 November 2009 at 12:44pm
but then he says that this is bonus and salary will follow, , it is a good example, but u cannot equate the two situations ,,

all iam asking is that is it not proper to first do the necessary (mahr) and then do what is optional(gifts etc)
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Post Options Post Options   Thanks (0) Thanks(0)   Quote abuayisha Quote  Post ReplyReply Direct Link To This Post Posted: 16 November 2009 at 1:25pm
We have fiqh and we have cultural practices.  For Arabs, it is proper (cultural practice) to give gifts prior to marriage and mahr.  Fiqh would simply require the mahr to be stated clearly and agreed upon in terms of amount and delivery.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Chrysalis Quote  Post ReplyReply Direct Link To This Post Posted: 17 November 2009 at 10:29am
Originally posted by salman habib salman habib wrote:

what has niyyah got to do with it,, mahr is more imp. than giving gift,, so why not first fulfill what is necessary(mahr), and then do what is optional (gift,, etc) how can it amount to cheating,, when you have already given her something permanently,,,


Niyyah has everything to do with every action of ours in Islam bro.
Yes, Mahr is very important, which is why husbands should make sure they give Mahr to their wives. . . if what you gave your wife was actually Mahr and not intended as an extra gift - we wouldn't be having this discussion in the first place !
Obviously your nafs does not believe so either . . . which is why you asked the Q in the first place. If you were internally satisfied with the notion of re-labelling the gift as Mahr, you would never have asked. So do the right thing Bro - inshAllah your internal meter won't let you go wrong. Smile




Edited by Chrysalis - 17 November 2009 at 10:29am
"O Lord, forgive me, my parents and Muslims in the Hereafter. O Lord, show mercy on them as they showed mercy to me when I was young."
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