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Mehr issue

Last updated: 29th October 2006
Question ID: #2915
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i recently got married. due to time that nikah was signed on blank paper both by my family and the bride's family. the mehr was agreed upon by both parties. but when we recieved the nikah papers it had different amount for mehr. in this case is the nikah still vaild.



Bismillah



Al-jawab billahi at-taufeeq (the answer with Allah's guidance)





Regarding the above situation, as long as both contractors and witnesses know the amount of Mahr that was agreed at the time of the contract of Nikah, then the former amount will presume as the Mahr and not the latter amount. This will not effect the validity of Nikah.



In addition, it is mentioned in Hidaya, that the contract of Nikah is valid even if no Mahr is named in it (That is, it is not like other commutative contracts where a counter value has to be paid from both sides). The reason is that Nikah is a contract of joining and union in its literal meaning and is, therefore, complete with two spouses. Thereafter, Mahr is obligatory according to Shari'ah. Consequently, there is no need of mentioning it for the validity of the Nikah.



(Hidaya, Chapter: Mahr (Dower))





And Only Allah Ta'ala Knows Best.

Mufti
Answer last updated on:
6th December 2012
Answered by:
Ulamaa ID 04
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