Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

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: “If during the
performance of nikâh only one (type of) mahr is pronounced but
the amount of the mahr al-mu’ajjal is not specified, a portion of the
amount determined will become the mahr al-mu’ajjal. This portion
will be determined in accordance to the customs and to the 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 muejjel and a certain date for payment is
appointed, when the date of payment comes the wife cannot refuse
to carry on her conjugal duties for the purpose of getting her mahr.
If the mahr will become a mahr-i muejjel one year later, and if the
husband sets the condition during the nikâh that he will have sex
with her before the completion of one year, it will be jâiz to have
sex before the payment of mahr. According to Imâm-i Muhammad
‘rahmatullâhi ta’âlâ ’alaih’, even if he does not stipulate the
condition the case will be the same. If he stipulates the condition
that he will be allowed to have sex before paying the mahr-i
mu’ajjal, it will be jâiz (permissible). If a portion of the mahr is
mahr-i-mu’ajjal and the other portion is mahr-i-muejjel, even if the
sexual act has been performed, the wife can refuse to go on a longdistance
journey with her husband, or she can refuse to have sex or
halwat with him before the mahr al-mu’ajjal is fully paid.
During the process of nikâh, it is permissible according to the
consensus of scholars to stipulate a condition for the mahr-i
muejjel 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 husband resumes the nikâh, the mahr does not become
muejjel again. Whether small or old enough, when a girl who gets
married is virginal, her father or grandfather or the qâdî (judge)
can exact her mahr from the husband. No one else can exact it.
These people cannot exact it, either, without the consent of the
virgin who gets married.”
A hadîth-i sherif in the book Riyâdunnâsikhîn states: “A man
who performs a nikâh with the intention of not paying the mahr
will be resurrected among thieves on the Day of Resurrection.”
It is sahîh to perform a nikâh without mentioning the mahr, or
even by stipulating the condition that no mahr will be paid, but in
this (latter) case the condition is invalid. In this case, the husband
will have to pay the mahr-i mithl. It is paid as much as the amount
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