Rujuk FatwaMalaysian fatwa reference
BM

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.

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 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.

Excerpt from the original fatwa · Federal Territories

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/

Local graph

This fatwa and its nearest connections. The full lists are below.

See it on the full map

Evidence cited

Quran verses

  • Al-Baqarah 2:236
  • An-Nisa' 4:24
  • An-Nisa' 4:4

Hadith

  • Bukhari 4741

Books

  • al-Fiqh al-Manhaji