FatwaFederal TerritoriesMarriage & Family
AL- KAFI #1045: MAHAR MITHLI TINGGI: ADAKAH SUAMI TETAP PERLU BAYAR
If the mahr mithli is quite high and the husband cannot afford it, must he still pay it?
Short answer
The husband is still obliged to pay the mahr mithli based on jurisprudential texts, whether it is imposed by a judge, agreed by both spouses, or due to consummation according to the view in the Shafi'i school.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The husband is still obliged to pay the mahr mithli based on jurisprudential texts, whether it is imposed by a judge, agreed by both spouses, or due to consummation according to the view in the Shafi'i school. If he cannot afford it, it becomes a debt on his responsibility that must be settled. The exception mentioned is where the husband negotiates and discusses politely with his wife to request a reduction, since the mahr is the wife's right.
Written in our own words from the original fatwa — check the source before acting on it.
Jika sekiranya suami tidak mampu, maka dia dianggap sebagai berhutang yang tertanggung atas zimmah suami yang mesti dilunaskannya.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL- KAFI #1045: MAHAR MITHLI TINGGI: ADAKAH SUAMI TETAP PERLU BAYAR”, 14 January 2019. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3020-al-kafi-1045-mahar-mithli-tinggi-adakah-suami-tetap-perlu-bayar. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/high-mahr-mithli-must-husband-still-pay/