Dower Payment After Wife Initiates Divorce

Jasim Uddin via email

Question:
After marriage, a woman lived with her husband for just over a month. After visiting her parents, she refused to return to her husband and instead filed for divorce from her family home. Attempts at reconciliation between the two families failed to reach a mutual agreement. She declined to continue the marriage due to an extramarital relationship.

In response to the husband’s family’s efforts to bring her back, her family said, “She will not live here; let us sit together and arrange a mutual separation.” However, the meeting never took place because there was no assurance that she would return. Later, the woman married her partner. The dower (Mahr) has not yet been paid by her former husband. Both parties are now living with their respective spouses after remarrying. I would like to know whether the former husband is still responsible for paying the dower (Mahr). If payment is required under these circumstances, how should it be made?

Response:
Under the circumstances described above, the wife remains entitled to her dower (Mahr). It should be paid whenever she demands it, and an opportunity arises. If she does not make a claim, the husband should still maintain a sincere intention to fulfil his obligation and pay the dower.

Answered by:
Allama Mufti Obaidur Rahman Khan Nadvi

Source:
Jameul Fatawa, Islamic Fiqh and Fatwa Encyclopedia

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