Giving a house on bond as mahr

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: A couple bought a house in both their names, shared the deposit and took finance jointly. Subsequently the husband gave her one or two talaaqs and she completed her iddat. Thereafter the couple planned to re-marry. Her condition for the second re-marriage was that the mahr must be the house that was jointly purchased, so that she has full power to the house.

The question that is being asked is that is it possible to give a house on bond as mahr, considering that the payments are in arrears. The bank wants to auction the house. So is it permissible to give this house as mahr, the house is not paid for yet, so ownership still remains with the bank until fully paid for.

Bismillaah

A: They both should agree on the value of the house. In the event that the husband is unable to pay off the bond and the bank repossesses and auctions the house, the husband will have to give her the value of his half share of the house.

Note: Both the husband and wife should sincerely repent to Allah Ta’ala for taking an interest bearing loan from the bank due to which they had to bond the house. The husband should try his level best to pay off the loan as quick as possible and save himself from the curse of interest.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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