Giving the Wife Property and a Graveyard as Mahr

Question

Zayd married and had children, and after about 20 years Zayd gifted (hiba) his father’s property towards his wife’s mahr, although the mahr is very small and the property is very large. This property also includes a large graveyard. Is there any fixed time for paying the mahr or not? Zayd is now ninety (90) years old. There is a serious danger that after Zayd’s death the graveyard will be ploughed up and the orchard cut down. In this case, has the mahr been paid or not?

Answer

If Zayd’s father is alive, it is not permissible for Zayd to dispose of his property in any way without his permission. If the father has died and Zayd alone has become the heir and owner, then that property is Zayd’s own and no longer his father’s, and Zayd has the right to dispose of it.

Source: Fatawa Mahmudiyya

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