5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

MAHR - Kitâb-ul fiqh alal-madhâhib-il arba’a states, “The
mahr comprises things like gold, silver, banknotes, or any kind
of property or any kind of benefit that is given by a man who
wants to get married to the prospective bride. There are two
types of mahr. Paying the first type of mahr becomes wâjib
immediately after the nikâh is performed and half or all of it is
liable to lapse. This type of mahr is termed mahr-i mu’ajjal.
The amount of the second type of mahr is determined while
performing the nikâh, but it will be wâjib to pay after one of the
three things happens, and it is not abatable. This type of mahr
is called mahr-i mu’ejjel. If neither type of mahr is specified
during the nikâh, the mahr-i mithl has to be given later on. If
one’s wife does something which causes a separation such as
being a renegade, or causing hurmat-i musâhara, the man
never pays any amount of the mahr-i mu’ajjal. But, if a man
divorces his wife, or if he does something which causes a
separation, the man has to pay half of the mahr-i mu’ajjal, and
the other half lapses. Three things make giving the mahr-i
mu’ejjel wâjib. These three things are having sexual
intercourse, being alone together, and the death of one of the
partners. When any one of these three things occurs, the
husband has to pay also the mahr-i mu’ajjal which he hasn’t
paid yet, and its amount cannot be decreased. Once a sexual
intercourse has taken place or the wife and husband have
stayed alone, the mahr has to be paid completely when the time
determined during the nikâh comes, or in case of separation. If
the wife dies, the mahr is paid to her heirs. If the husband dies,
the wife is paid from her husband’s inheritance. Being alone
with one’s wife, which is legitimate, is different from being alone
with a nâ-mahram woman. This latter case is harâm (forbidden).
Being alone with one’s wife is not deemed to have occured if
they are accompanied by anything that can prevent, either
sentimentally, or canonically, or naturally, their having sexual
intercourse. In cases such as when one of them becomes ill or
wears ihrâm or is performing the namâz or fasting or if the
woman is in a period of menstruation or lochia, or if the couple
is accompanied by a discreet child, the couple are not deemed
canonically to have stayed alone together. The wife is free to
give her mahr to her husband, or if he is dead,, to her
husband’s heirs as a present. The wife’s father does not have
the right to give his daughter’s mahr to his son-in-law as a
- 151 -