A condition for remitting the mahr on the wife’s part

Question

Pir Muhammad’s wife’s father, Manfa‘at Khan, came to take his daughter. Since for certain reasons Pir Muhammad feared that, having taken their daughter away, they would not send her back, for his own reassurance he had her father and the wife herself write a statement to this effect: “I am taking my daughter Ghulam Fatima to my home, and I am going.

Answer

The said statement does not even mention divorce; therefore no divorce has occurred through this statement. Moreover, this statement comes from the woman and her father, whereas the right of divorce belongs to the husband. The woman, however, does have the right to remit the mahr, whether she remits it unconditionally or on some condition.

Source: Fatawa Mahmudiyya

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