5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

present.” It is written in the book Ibn-i Âbidîn, “The wife can
transfer her creditor to her husband to be paid with the mahr
which she has not been paid yet. She can donate her mahr to
someone else as a present and assign him as her proxy to take
her mahr from her husband. For, the money to be taken from
the debtor can be presented only to the debtor. For presenting it
to someone else, that person must be assigned as proxy to take
the money.”
It is written in the book “Fatâwâ-al-hindiyya” that “If during
the process of nikâh one only mentions the mahr but does not
specify the amount of the mahr al-mu’ajjal, a portion of the
amount determined will become the mahr al-mu’ajjal. This
portion will be determined according to the customs and social
status of the woman. The entire mahr will be mu’ajjal if it is
determined to be so (in the contract for nikâh). If the entire mahr
is said to be mahr-i mu’ejjel and a certain date for payment is
appointed, when the date of payment comes the wife cannot
refuse to have sexual intercourse for the purpose of getting her
mahr. If the mahr will become a mahr-i mu’ejjel one year later,
and if the husband sets the condition during the nikâh that he
will have sex with her before the payment of the mahr it will be
jaiz to have sex without paying. According to Imâm-i
Muhammad (rahmatullâhi ta’âlâ ’aleyh), even if he does not set
the condition the case will be the same. If he sets the condition
that he will be allowed to have sex before paying the mahr-i
mu’ajjal, it will be jaiz (permissible). If a portion of the mahr is
mahr-i-mu’ajjal and the other portion is mahr-i-mu’ejjel, even if
the sexual act has been performed with the consent of the wife,
the wife can refuse to go on a journey with her husband, or she
can refuse to have sex or halwat with him before the mahr almu’ajjal
is fully paid.
During the process of nikâh, it is unanimously jâiz to set a
condition for the mahr-i mu’ejjel to be paid on a certain date.
The date of payment is awaited in case of (an earlier) divorce. If
the date of payment is not appointed it is paid as soon as
divorce takes place. In a rij’î divorce when the wife comes back
the mahr does not become mu’ejjel again. Whether small or old
enough, when the girl who gets married is virginal, her father or
grandfather or the qâdî (judge) can take her mahr from the
husband. No one else can take it. These people cannot take it,
either, without the consent of the virgin who gets married.”
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