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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.

Federal TerritoriesOpinion (irsyad)

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.

Excerpt from the original fatwa · Federal Territories

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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/

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Evidence cited

Hadith

  • Tirmizi 1145

Books

  • al-Fiqh al-Manhaji
  • Kifayah al-Akhyar