The right to demand the deferred mahr
Question
The parents of the virgin girl are also seeking to obtain the mahr on the girl’s behalf — and that through the competent court. So, on the basis of all these demands, is it permissible according to the Shari‘a that Bakr be obliged to give to the girl’s parents or not? And if Bakr, not with his own consent but under non-Shar‘i circumstances, at the demand of the girl or her parents, gives a divorce (talaq) through the competent court, will his tie with the girl be severed for ever, like a talaq ba’in, or not?
Answer
If the mahr was deferred (mu’ajjal) — which is claimed upon divorce, judicial separation (tafriq) or death — then its payment is not binding on the husband at present. Filing a claim for it in court is also wrong. If the mahr was prompt (mu‘ajjal), i.e.
Source: Fatawa Mahmudiyya
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