Ref no: 0238#
|
Date: Wednesday, June 15, 2011 |
Category
Marriage
Title
what reason is mehr given?
Question
1.i would like to know for what reason is mehr given?
i have heard that it should be used in a womans iddat if need be.is this correct?
2.my daughter is five years old and she has gold to the value of R6000.00,is zakat payable on that?
3.is qurbaani compulsory on a five year old child?
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
1. Allah Ta’ala states in the Holy Quran,
)َ أُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآَتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً … (
“Seeking (marriage) by means of your wealth to all other women excluding these (women) has been permitted for you in chastity (of marriage), not merely for lust. So, to those of them whose company you have enjoyed, give their dues (Mehr) as obligated…” (4:24)
As Muslims, our duty is to accept the decree and command of Allah regardless of whether we understand its wisdom or not. In Islam, a Muslim places obedience to Allah Ta’ala before his / her logic and understanding as opposed to other religions which place logic before obedience. Thus, the main reason why a woman receives Mehr is in the absolute obedience of Allah Ta’ala’s command as is clear from the above quoted reference.
2. Mehr is a stipulated amount of money or wealth given by the bridegroom or a person on his behalf to the bride due to the occurrence of a Nikah. The Mehr is the sole right of the wife and she is at liberty to use this money or wealth as she deems fit whenever and wherever she so desires. It is not necessary to save the money or to delay payment of the Mehr until the time of divorce or Iddat.
3. There is no zakat payable upon the wealth of minors. (Bada’i al-Sana’I, vol.2 pg. 79, Dar al-Kutub Deoband)
4. Qurbani is not compulsory upon a minor. (Radd al-Muhtar, vol. 6 pg. 315, H. M. Saeed / Fatawa Rahimiya, vol. 10 pg. 25, Dar al-Isha’at)
And Allah knows best
Darul Iftaa
Madrasah Inaa’miyyah
· The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question.
· The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused.
· This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta.
