Stipulation of the Mahr
Question
Who has the right to stipulate the Mahr? The girl or the boy? If the Mahr was not specified, and the marriage has already been consummated, what amount of Mahr should now be given to the girl?
Answer
In principle, Mahr is the right of a woman. She has full right to stipulate an amount provided it is not less than the minimum mahr amount (which is 10 Dirhams according to the Hanafi Mazhab).
The Mahr amount should be mutually agreed upon by the couple before the Nikah.
In the event that the Mahr amount was not stipulated before the Nikah, and the marriage was subsequently consummated, then the Mahr amount will be determined based on the average Mahr of other women similar to her from her paternal family. [Al-Muheet-ul-Burhaani 3/84]
N.B. Specific cases can be referred for rulings on a case-by-case basis.
And Allah Ta’ala Knows Best
- Answered by
- Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
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