ABOUT THE MAHR
Question:
What if a Mahr was discussed before but wasn’t given yet, can the Nikkah be done still? And if the Nikkah was done without a Mahr given, would it be invalid and how long can we go married without a Mahr. I heard if the girl was never married before and still lives and going to continue living in her parents’ house, she has to get permission from her parents…is this true?
Answer:
Assalaamu Alaikum,
(1) The Mahr has to be something of value and can be in cash or in kind.
(2) Nikah will still be valid, even if the Mahr has not been given as yet (after it has been discussed). In this case, it will be essential upon the husband to give the Mahr as soon as possible.
If the Nikah was done without a Mahr, (and no mention was made of it) then, in this case also, the Nikah will be valid, and it will be essential for the husband to give a Mahr to the value of that which is customary or one that is given to women like his wife or her equals.
In this case, your marriage will continue to be valid even though the Mahr was not given. However, this remains a debt upon your husband which must be paid to you in his lifetime. If he did not pay the Mahr while being alive, then upon his death, the amount of your Mahr will be taken from his estate (as a debt).
The responsibility of marrying- off a girl is upon the parents, and as long as they have not married her to someone, then they must continue to look after her basic needs and necessities which include food, clothing, and shelter. This means that as long as a girl is not married, she will be required to live in her parent’s home, and she is not required to ask permission for this. In fact, it is their responsibility to keep her in their home.
However, if she marries and then wishes to live with her husband in their home, she will need to obtain their consent, since it will be her husband’s duty to provide a shelter for her after marriage.
And Allah knows best,
Mufti Waseem Khan