Would the son be obliged to pay for his father’s Mahr if he passed away without paying it

Answered according to Hanafi Fiqh by DarulIftaBirmingham


Answered by Mufti Mohammed Tosir Miah

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Question:


In Pakistan (or atleast my case), "haq e mehar" is not given to the woman before "Rukhsati" (as far as i know). What if the husband dies after marriage? As a son of my father, should I pay my mother on behalf of my father the 'mehar' that was decided? My father passed away 2 years back.  A person told me to do this. It seems logical to me, but I thought I better consult it.


Answer:


Bismillah


The mahr is one of the rights of the wife and the husband gives it at the time of the marriage ceremony.


Allah subḥānahu wa ta'āla (glorified and exalted be He) in the Holy Quran has said “And give the women their dower in good cheer”.  (Surah Nisaa v.4)


Mahr is obligatory.  Allah subḥānahu wa ta'āla (glorified and exalted be He) has used the word “faridah” for it.  It means something is fixed, decided and obligatory.  It is compulsory for the husband to pay for the mahr unless the wife by her own will and without any pressure forgives the husband in paying for it. (Mazahirul Haqq p.104 v.4)


The amount of mahr becomes obligatory for the husband to give after consummating the marriage or at the time of one of the spouses passing away. (Sharhul Wiqayaah p.31 v.2)


Regarding your question, if your father did not pay your mothers dowry then that amount has to be deducted from his estate at the time of his death. If his estate or property has been distributed already then each of the heir would have to give the dowry according to the proportion of what they received.


Only Allah Knows Best


Mohammed Tosir Miah


Darul Ifta Birmingham


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