𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (294)

Entitlement to Mahr in Cases of Divorce: When It Involves Umrah or Education Question: My mother-in-law got married as a second wife, with the agreed Mahr being an ’Umrah trip. However, a few weeks later, due to irreconcilable differences, a divorce was issued. If the divorce is finalised, what would she be entitled to in terms of Mahr? Sheikh ’Abdulkhāliq Al-’Imād ḥafidhahullāh: May Allāh bless you. If he divorced her without fulfilling the agreed-upon condition—for example, if they had agreed that he would take her for ’Umrah but then he divorced her—then in such a case, he is required to cover the expenses necessary for her ’Umrah journey, including those for her guardian (maḥram) who will accompany her. These costs are his responsibility, as they constitute the agreed-upon Mahr. I asked Sheikh Salmān Al-’Imād what if the Mahr was to teach her Qur'ān for example, what would she be entitled to? The Sheikh ḥafidhahullāh responded: وعليكم السلام ورحمة الله وبركاته In such a case, and Allāh knows best, regarding the matter of ’Umrah, she should be given the necessary expenses for ’Umrah along with a Maḥram from her relatives. Providing the expenses for ’Umrah with a Maḥram from her family is a more practical and manageable approach. However, the issue concerning education presents a challenge. In this case, it should be referred to customary practice (’urf), and an agreed-upon, monetary alternative should be arranged. She should be provided with appropriate compensation in a fair manner, equivalent to the Mahr which the husband can no longer fulfill after an irrevocable divorce. If there is a reliable Qur'ān memorisation school, supervised by qualified and trustworthy individuals, and she requires financial support to complete her Qur'ān memorisation, then that serves as suitable alternative. Otherwise, she should be granted suitable monetary compensation in accordance with fairness, as a substitute for what has become unattainable after the irrevocable divorce. And Allāh knows best.