Understanding Mahr: Immediate vs. Deferred in Marriage Contracts

The Essentials of Mahr: Immediate and Deferred Payments Explained

Question: A woman’s son got married, and the bride’s father stipulated two types of dowries. The immediate dowry (mahr mu’ajjal) of 50,000 was paid, and a deferred dowry (mahr ghair mu’ajjal) of 10 tolas of gold will be given in the event of divorce. The groom’s father agreed at the time but is now concerned whether having two dowries is permissible, and if the 10 tolas of gold must be paid after marriage since the groom cannot afford it. Is this mandatory?

Answer: There is no specific amount or item that must be set as mahr; it is whatever the boy and the guardian agree upon. However, it is not appropriate to set an excessively high mahr. The mahr should be within one’s means. Whatever mahr is agreed upon must be paid, whether it is high or low. In this case, the immediate mahr of fifty thousand has been paid, and the deferred mahr of ten tolas of gold is to be given at the time of divorce. This deferred mahr must be paid if the boy divorces his wife. If the boy does not divorce his wife, then this mahr does not need to be paid, as it is conditional upon divorce. If the boy divorces his wife, he must pay this mahr as it was a valid condition set at the time of marriage, as stated by the Prophet Muhammad (peace be upon him):

"The conditions which deserve to be fulfilled most are those by which you have made marital relations lawful." (Sahih Bukhari: 2721)

In summary, the deferred mahr must be paid by the boy only if he divorces his wife. If he does not divorce her, he does not need to pay this mahr at any time during his life.

Sheikh Maqbool Ahmed Salafi

Jeddah Dawah Center, Hayy Al-Salamah, Saudi Arabia