IslamQA

Husband signing a dowry agreement

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Is it permissible in islam for the Moulana to create a dowry agreement and to tell the husband to sign such an agreement that in the event of him divorcing his wife then he has to hand over his assets to his wife or his rights to his assets will be forfeited and transferred to the wife. Also to place the husband on terms to sign such dowry agreement. I know in Islam we have mahr paid immediately.

Bismillaah

A: The dowry is the right of the wife. The wife can ask for her right at the time of the nikaah if she wishes or she can give the husband respite to pay it. If this document refers to the husband paying the dowry which is compulsory upon him, then it is permissible. However, if it refers to him giving her some of his wealth or assets, then this is not permissible.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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