Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

I need to know, when I got married 16 yrs back in the states, during my Nikkah, mehr was not discussed and nor I have proper NIkkah done. I did have a small khutba bd four signatures. Is my Nikkah valid even without any discussion on Mehr 

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Answer:

Mehr not discussed at marriage

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah says in the Holy Quran Chapter 4 Surah Nisaa verse 4:

And give the women (on marriage) their dower as a free gift; but if they of their own good pleasure remit any part of it to you , take it and enjoy it with right good cheer.

The determination of the ‘mehr’ is an obligatory precondition of an Islamic Marriage whereby Allah Subhanah has made it obligatory upon the man to give his bride the ‘mehr’ or ‘free gift’ which is agreeable and acceptable to the bride and/or her guardians. If the ‘mehr’ is not determined at the time of ‘nikaah’, the marriage would not be completely legal until the ‘mehr’ is determined.

Your Question: Is my Nikkah valid even without any discussion on Mehr? 

Beloved Sister, if your nikaah was done by a knowledgeable muslim or an ‘imaam’, it is almost inconceivable that the ‘mehr’ would not have been discussed and determined at the time of your ‘nikaah’. It is possible that your ‘mehr’ was discussed and determined between your guardians and your husband, and they forgot to mention it to you; or it is also possible that after the determination of the ‘mehr’, your husband forgot or did not think it was an obligatory duty which he had to fulfill unto you. But it is almost impossible that if an Islamic Nikaah was performed in front of believing witness, and neither the ‘imaam’ performing the Nikaah, nor the guardians, nor the groom, nor any of the witnesses reminded the gathering of this obligatory condition of determining of the ‘mehr’ at the time of nikaah!

Sunan of Abu-Dawood Hadith 2109 Narrated by Abdullah ibn Mas'ud

Masruq said on the authority of Abdullah ibn Mas'ud: Abdullah (ibn Mas'ud ) was asked about a man who had married a woman without cohabiting with her or fixing any dower for her till he died. Ibn Mas'ud said: ‘She should receive the full dower (as given to women of her class), observe the waiting period ('Iddah), and have her share of inheritance.’ Thereupon Ma'qil ibn Sinan said: ‘I heard the Messenger of Allah (saws) giving the same decision regarding Birwa' daughter of Washiq (as the decision you have given).’

Beloved sister, if you and your husband are absolutely convinced that the ‘mehr’ between you and him was not determined nor discussed at the time of your nikaah which was done 16 years ago, your husband should fear Allah and fulfill his obligatory duty now by paying you an amount of ‘mehr’ which a woman in your social status would be entitled to receive, or an amount which is acceptable to you.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan