Question:
Assalamualaikum.
My first question is that, if a couple got married than the husband must have to pay Mahr before starting physical relation with her wife. is it true.
My second question is that if a person got married with a woman then he must have to pay the amount of Mahr before starting physical relation. but if before having physical relation if the marriage broke down then in that case , is it Waajib for male to pay Mahr to her wife?
Please reply urgently. Allah hafiz
Answer:
The wife and husband are allowed to engage in a physical relationship (have intercourse) prior to the fulfilment of the Mahr. It is not compulsory upon the husband to firstly settle the Mahr before enjoying his conjugal rights. However, if the Mahr was stipulated as Mu’ajjal (to be paid in advance), then the wife can refuse to have a physical relationship until payments are made.
(Raddul Muhtaar, Vol. 4, Page 233-290)
If Talaaq took place before the wife and husband had intercourse or enjoyed each others company in complete seclusion, then half of the stipulated Mahr must be given to the wife.
(Ad-Durrul Mukhtaar, Vol. 4, Page 235-236)
And Allah Ta’ala knows best
Ebrahim bin Zainul Abedeen Backus
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
08 August 2005
02 Rajab 1426