Fatwa: # 16193
Category: Jurisprudence and Rulings...
Country: South Africa
Date: 10th February 2008

Title

Why is Mahr compulsory?

Question

1.i would like to know for what reason is mehr given?
i have heard that it should be used in a womans iddat if need be.is this correct?

2.my daughter is five years old and she has gold to the value of R6000.00,is zakat payable on that?

3.is qurbaani compulsory on a five year old child?


Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

1.      Allah Ta’ala states in the Holy Quran,

)َ أُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآَتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ... (

“Seeking (marriage) by means of your wealth to all other women excluding these (women) has been permitted for you in chastity (of marriage), not merely for lust. So, to those of them whose company you have enjoyed, give their dues (Mehr) as obligated...” (4:24)

As Muslims, our duty is to accept the decree and command of Allah regardless of whether we understand its wisdom or not. In Islam, a Muslim places obedience to Allah Ta’ala before his / her logic and understanding as opposed to other religions which place logic before obedience. Thus, the main reason why a woman receives Mehr is in the absolute obedience of Allah Ta’ala’s command as is clear from the above quoted reference.  

2.      Mehr is a stipulated amount of money or wealth given by the bridegroom or a person on his behalf to the bride due to the occurrence of a Nikah. The Mehr is the sole right of the wife and she is at liberty to use this money or wealth as she deems fit whenever and wherever she so desires. It is not necessary to save the money or to delay payment of the Mehr until the time of divorce or Iddat.

3.      There is no zakat payable upon the wealth of minors. (Bada’i al-Sana’I, vol.2 pg. 79, Dar al-Kutub Deoband)

4.      Qurbani is not compulsory upon a minor. (Radd al-Muhtar, vol. 6 pg. 315, H. M. Saeed / Fatawa Rahimiya, vol. 10 pg. 25, Dar al-Isha’at) 

And Allah knows best

Wassalam

Ml. Yusuf bin Yaqub,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai

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