Demand of huq meher during separation
Aoa. I am seeking Islamic advice.
As last year I got married to a man residing in england after rukhsati he went to England but when I have applied for visa I came to know that he is a total fraud man and sent me wrong documents. Anyways I got separated.
Now he and his family asking our family to get all my baggages and furniture that was in dawery at the time of marriage that my parents gave me, to take away from their home and send them the divorce notice.
They are not sending us the divorce notice so that they could save the huq meher amount. Can I ask first for huq meher than divorce or is it now not obligatory to him to pay me huq meher?
asiya ahmad
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if you both had intercourse / sex (oral sex ect) then it is obligatory for him to pay, other wise half of it will be paid to you
Salaams,
Can you please cite the reference for this information? I thought a woman was entitled to her mahr regardless. The only time it's surrendered, in my understanding, is in the case of khula. I've NEVER heard of a condition where half a mahr is paid.
-Amy
IslamicAnswers.com Editor
Wa 'alaikumus-Salaam warahmatullahi wabarakaatuh sister Amy,
As per my understanding, from what the scholars say, if the separation was by talaq (i.e. divorce by the husband) before the consummation of the marriage, then the woman is entitled to half of the specified or paid mahr, and if it was after the consummation of the marriage, then she is entitled to the whole mahr.
However, if the separation was by faskh (i.e. annulment by the Judge) due to a fault at the man's end, then the woman is entitled to half of the mahr if the marriage was not consummated (and entitled to full of the mahr if the marriage was consummated), but if it was due to a fault at the woman's end, then she is not entitled to any mahr--not full of it nor half of it.
Allah subhanahu wa ta'ala says:
Therefore, the OP(sister asiya ahmad) needs to take the matter to the Islamic court in her country, and let the Judge look into the matter. In addition, she doesn't need to send her husband any divorce notice except what was ruled over at the Islamic court, because sending him a divorce notice without the Islamic court seems like he is manipulating her to enter into khul'a agreement, and she may lose the right of mahr through that process.
Hope this helps inshaAllah, and Allah knows best.
if the haq mehr during nikkah declared then it is necessary to give. if you have nt touched your wife then half of it will be given
if the haq mehr is not declared then it is not necessary until and unless the man touched the woman
In the case where the mahr was not specified, she is not entitled to any mahr if the marriage was not consummated, but if the marriage was consummated (or if the marriage was not consummated but the separation was due to death) in that case, then she is entitled to similar amount of mahr given to his other wife/wives, or to the women in her society--and plus she inherits him if the separation was due to death in that case.
Dear Sister Asiya,
I have read your previous posts and based on the your husband's previous behaviour, it is absolutely not surprising that he would know the meaning of Huq, let alone act upon it. What can be expected from such a person or a family that wanted you to live with them while your husband lived abroad?
I suggest that you speak to an Imam. I doubt that there is much that you can do through the law, but I could be wrong. You may just need to eventually ask for a divorce and move on with your life and forget your losses--although, you haven't lost anything except time.
May Allah make it easier for you, Ameen.
Assalaamualaikam
From reading your previous posts, it sounds like you're better off without this guy in your life - so, well done on taking that step and standing up for your Islamic rights.
If he and his family are trying to make this even more difficult, one option would be to consult a lawyer who is experienced in Sharia law in divorce situations. If going down the legal route is only causing you more distress though, you might choose to just make a clean break, send the divorce papers and say Alhamdulillah that this unsuitable guy is out of your life for good.
May Allah help you recover from this, and in time grant you a pious husband of good character.
Midnightmoon
IslamicAnswers.com editor
Ameen.
Thank you saba. I have sent divorce notice and they are contacting me and my family after I is now clear that they dontwant me or This man has no emotional attachment with me at all. they are just playing best dramas now to get theirself clear to themselves and Allah and society. But Allah knows that he and his family done wrong with a muslim girl.
What fraud has he done with you , just because he was not able to get you a visa for England does not meant hes a fraud.
Thank you Midnightmoon
I have sent divorce notice and they are contacting me and my family after I is now clear that they dontwant me or This man has no emotional attachment with me at all. they are just playing best dramas now to get theirself clear to themselves and Allah and society. But Allah knows that he and his family done wrong with a muslim girl.