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I have decided to divorce her. so in this case do I have to pay her, her complete mehar/dory.

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:

Assalam Alikum,

 

I was married to a 24 years old woman from Canada a year ago in Saudi Arabia. she stayed with me for 45 days out of which only 20 days we sleep in the same room and had sexual intercourse only ones. When ever I tried to approached her she use to cry or starts fighting. Then she told she is unable to come out of her earlier relationship and she needs time. and she went back to Canada. Now it is more than a year and hardly has she spoken to me a couple of times. When ever I called her, her family members say she is not at home or she is doing some thing and call afterwards.

 

I have decided to divorce her. so in this case do I have to pay her, her complete mehar/dory.

 

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Answer:

 

Pay mehr upon divorce

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 none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: I have decided to divorce her. so in this case do I have to pay her, her complete mehar/dory.

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

4 And give the women (on marriage) their dower (mehr) 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.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 20-21:

20 But if ye decide to take one wife in place of another even if ye had given the latter a whole treasure for dower, take not the least bit of it back: would ye take it by slander and a manifest wrong?

21 And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant?

 

Respected brother, if the marriage is consummated, then indeed you are liable to pay your wife the full and complete ‘mehr’ which was promised to her at the time of the ‘nikaah’. If it is you who is initiating the divorce, not only would you have to pay her the full ‘mehr’, but it would not be lawful for you to ask or demand that she return any of the other gifts which you might have given her during the marriage, if indeed you fear Allah and the Last Day.

 

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

 


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