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Handing Over Guardianship in Nikah in Exchange for the Mahr

Question

A man divorces his wife and, in exchange for the mahr, gives the mother of the daughters full guardianship over his minor daughters who are from this woman, and completely divests himself of his right of guardianship — that is, wherever the mother of the daughters wishes, she may conduct the nikah without the father’s permission and consent, and no right shall stand as an obstacle to the said mother; and there is no nushuz (wifely disobedience)

Answer

If a woman remits her mahr, it is remitted, because it is the woman’s right: [ar]وإن حطت عنه من مهرها صح الحط لأن المهر حقها أو الحط يلاقيه حالة البقاء[/ar] “If she reduces part of her mahr for him, the reduction is valid, because the mahr is her right, or: the reduction applies to it while it still subsists” (al-Hidaya, vol. 2, p. 305).

Source: Fatawa Mahmudiyya

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