🌍 Children, inheritance & global · #20

The mahr had not been paid, and then the husband died. What happens?

Unpaid mahr is a debt owed by the husband, which must be paid from his estate before the faraid distribution. Death confirms the full mahr even if the marriage was not consummated, according to the authoritative view of the Shafi'i school for a specified mahr. If no mahr was specified in the contract, the wife is entitled to the customary mahr (mahr mithl), based on the Prophet's ﷺ ruling in the case of Barwa' binti Wasyiq. After the mahr is paid, the wife still receives her fixed share as a widow. Bring the marriage certificate recording the mahr amount when applying for the estate order. In polygyny, each wife's outstanding mahr is paid as a separate debt.

Difference of madhhab. The Hanafi, Maliki and Hanbali schools also confirm the full mahr upon death; the difference arises over a mahr that was not specified, where the Malikis do not require the customary mahr (mahr mithl) if the marriage was not consummated.

Sources

Surah an-Nisa' 4:4Surah an-Nisa' 4:24Narrated by Abu Dawud and at-Tirmidhi (sahih)

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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