FatwaFederal TerritoriesMarriage & Family
AL-KAFI #975: SUAMI BERHUTANG MAS KAHWIN KEMUDIAN MENINGGAL DUNIA
What is the ruling if a husband owed his wife's dowry at the marriage contract, forgot to pay it, and then passed away?
Short answer
The dowry becomes obligatory on the husband once the marriage contract is complete, whether or not its amount was stated.
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 dowry becomes obligatory on the husband once the marriage contract is complete, whether or not its amount was stated. This obligation is based on the Quran, the hadith and the consensus of scholars. If the husband dies without settling it, the deferred dowry is paid from his estate before the estate is divided among the heirs, as it is the wife's right according to the texts.
Written in our own words from the original fatwa — check the source before acting on it.
selepas berlaku kematian maka harta suami sebelum difaraidkan hendaklah diambil untuk pelaksanaan pembayaran mahar yang sudah tertangguh sekian lama.
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 #975: SUAMI BERHUTANG MAS KAHWIN KEMUDIAN MENINGGAL DUNIA”, 23 December 2018. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2909-al-kafi-975-suami-berhutang-mas-kahwin-kemudian-meninggal-dunia. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/husband-owed-dowry-then-passed-away/