Collecting Silver Rupees for a Mahr Fixed in Current Coinage, and Maintenance During the ‘Idda

Question

At the nikah of Hafiz Muhammad ‘Irfan, the qadi fixed a mahr of 32½ rupees with the condition “in current coinage”. Now the respected Hafiz, after a long period of eight years and after valid seclusion (khalwa sahiha), has divorced his wife. After the divorce the woman stayed at her father’s house for one year. After that she came to the house of her husband, the respected Hafiz, for five months. During these five months he bore her food and maintenance without any (marital) relationship.

Answer

Seven or eight years ago the silver rupee was not in circulation. Therefore there is no right to collect 32½ silver rupees. After divorce, maintenance during the ‘idda is wajib upon the husband. The ‘idda of a divorced woman is three menstrual periods; demanding maintenance for two years is wrong and unjust. After the ‘idda ends she has become a non-mahram stranger (ajnabiyya)

Source: Fatawa Mahmudiyya

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