Question:

The Mahr at the nikah of a couple was stipulated to be a hajj trip specifically where only the husband and nobody else could take the wife for hajj. Now the couple have divorced and the hajj trip has not been fulfilled, i.e. mahr has not been fulfilled. How can the husband fulfil his obligation of mahr now that he and the woman are strangers?

Answer:

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the Name of Allah, the Most Gracious, the Most Merciful.

Our understanding of the question is that at the time of the nikah it was agreed that the husband will take his wife for Hajj and that this will be the mahr. If our understanding of the question is correct then the answer is that stipulating such a mahr was invalid and, as a result, the husband will have to pay 'mahrul mithl' to his wife. If divorce has taken place between the couple and the man has not yet paid mahrul mithl to his ex-wife, he must do so as soon as possible.

 

ولو تزوج امرأة على طلاق امرأة له أخرى أو على دم عمد له عليها أو على وليها أو على أن يعلمها القرآن أو على أن يحج بها كان لها مهر مثلها، ولو تزوجها على حجة كان لها حجة وسط ( خانية على هامش الهندية: 1/377 )

وإذا تزوج على تعليم الحلال والحرام من الأحكام أو على الحج والعمرة ونحوهما من الطاعات لا تصح التسمية عندنا ..... ولو تزوج امرأة على طلاق امرأة له أخرى أو على دم عمد له عليها أو على أن يحج بها؛ كان لها مهر مثلها، كذا في فتاوى قاضي خان ( هندية: 1/307 )

وأشار المصنف إلى أنه لو تزوجها على أن يحج بها وجب مهر المثل لكن فرق في الخانية بين أن يتزوجها على أن يحج بها وبين أن يتزوجها على حجة فأوجب في الأول مهر المثل وفي الثاني قيمة حجة وسط ( البحر الرائق: 3/157 )

 

As for the details of mahrul mithl, we quote below a passage from Bahishti Zewar that discusses the issue:

 

Mahrul Mithl

 - Family mahr or mahrul mithl is determined in the following way: look at any woman in the girl's father's family who is similar or equal to this girl. That is, if the girl is young, the woman must also be young at the time of marriage. If the woman is beautiful, this girl must also be beautiful. If the woman's marriage had taken place when she was a virgin, this girl's marriage must also take place while she is a virgin. The wealth that this girl possesses at the time of her marriage, that woman also had possessed the same at the time of her marriage The place or locality from which this girl is, that woman must also be from the same place. If this girl is religious-minded, intelligent, well-mannered and educated, that woman must also be the same. In short, this girl whose marriage is being performed now must also possess the qualities that that woman possessed at the time of her marriage. If they share the same qualities, the mahr that was stipulated for that woman will be the mahrul mithl for this girl.

 

- Women of the girl's father's family refer to the girl's sisters, paternal aunts, cousins (children of paternal uncles), etc. In other words, girls or women who are connected to her paternal grandmother. When determining the mahrul mithl, the mahr of the mother is not considered. However, if her mother is also of the same family as that of her father's, e.g. if her father marries his cousin (paternal uncle's daughter), the mother's mahr will also be regarded as mahrul mithl. (Bahishti Zewar: pg 316)

 

And Allah Ta'ala knows best

Mufti Faizal Riza
14/08/2013

Darul Ifta Australia
www.fatwa.org.au

 

---

DISCLAIMER: 
Darul Ifta Australia answers questions  pertaining to Shariah. Thereafter, some of these questions and answers are placed for public view on www.fatwa.org.au for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Darul Ifta Australia bears no responsibility with regards to these questions being used out of their intended context.

• The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
• Darul Ifta Australia bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
• This answer may not be used as evidence in any Court of Law without prior written consent of Darul Ifta Australia.
• Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.