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Mahr has been commanded as an obligatory gift by Allah. Considering its importance, we also need to understand the rights over Mahr .
Who has the right over Mahr?
The sole right over Mahr belongs to the wife whose husband has gifted her. It is completely upon the wife to decide what to do with the amount received in the form of Mahr . No one other than herself is allowed to take any part of it from her. Rights over Mahr are not even shared by the parents of the wife.
Value of Mahr?
Mahr is does not only hold a monetary value being equivalent to some amount of money. But Mahr is the right of the woman because she enters a new life to make his husband’s life better and happier. Mahr is received as compensation for making herself available to her husband.
Husband’s rights over Mahr during Divorce?
Due to this, Allah decrees some special to women over the mahr even at the time of separation when the husband divorces her without any default on her part.
Regarding this, there is one Hadith which will make this ruling much more clearer for our readers.
“If you want to substitute one wife for another, and you have given one of them any indefinite amount of gold or silver. do not take back any of it. Would you take it in injustice and manifest sin? And how could you take it while you have intimately dealt with each other, and your wives have taken from you a solemn covenant?”
[An-Nisa 4:20]
This ruling about Mahr during the time of divorce does not only include the Mahr amount but also the gifts and other items that the husband bought for his wife. The same wife that the husband wants to divorce without any just reason.
Wife’s right over Mahr during Divorce
After it is clear that the husband should take back any part of the Mahr, it is now upon the wife to decide whatever she wants to keep everything or not. She may also decide to give some part of it to her parents or to other people. If she feels it right, she may also return some of it to her husband.
“And give the women upon marriage their dowry as a free gift. But if they willingly give up any of it to you, enjoy it with pleasure and satisfaction.”
[An-Nisa 4:4]
