Assalamu alaikum I got married in 1992 at that time my Mahar was 1100 rupees which my husband not paid till date
We have spent 27 years our sexual life is the sex valid or invalid ??? Is it become zina without Mahar. ???
Now I want to separate from my husband he not paid Mahar how much I have to collect from him.
After sexual activity with others, husband/ wife, is this pair a legal ?
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
Mahr (dowry) is the right of the wife. Allah Ta’ala says:
“Give them (women) their dowers.” (Surah al-Nisa, 24)
The wife has the right the to demand the Mahr at any time. Once she asks for the Mahr, it becomes binding upon the husband to pay it. Should he delay, the wife will have the right of denying her husband access to her. She may also lay a charge against the husband, and request for her marriage to be annulled.
However, if the wife does not demand the Mahr, and neither does she deny her husband access to her body, the intercourse will be permissible, and it will not be regarded as Zina.
You had your full right to demand the Mahr from your husband from the time of your marriage, in 1992. Since you did not take it up for full 27 years, and you also allowed him to engage in sexual activities with you, you do not have the right now to ask for more. You may only ask for the Rs 1100, even though the value has diminished.
And Allaah Ta’aala knows best
Ismail Moosa (Mufti)