Women’s Corner
Mufti Muhammad Qasim Attari
When can a woman demand bridal money (mahr)?
Question: What do the scholars of Islam say about the following: During a nikah, bridal money (mahr) was mentioned. However, it was not given immediately, nor was a date specified for this. When does a woman have the right to demand this?
Answer
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
According to shari’ah, if bridal money was not given immediately at the time of the nikah, nor was a date fixed for it to be given afterwards, it is then due at the time of divorce or death of the husband. Therefore, a woman cannot demand it until her husband dies or she is divorced. The demanding of bridal money is dependent upon social norms, and in the subcontinent, it is understood that bridal money is deferred until death or divorce, if the time for giving it was not specified [during the nikah]. The woman can only demand bridal money if she is divorced, or her husband dies. The bridal money will also become immediately due if the woman dies, with her inheritors being the deserving party, even if the husband himself is amongst them.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
If a woman has a miscarriage before four months of pregnancy are complete, what is the ruling on the blood that appears as a result?
Question: What do the scholars of Islam say about the following: If a woman has a miscarriage before four months of pregnancy are complete,, what is the ruling on the blood that appears after that?
Answer:
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Regarding this question, a miscarriage has taken place within the first four months of a woman's pregnancy. If it is known that any appendage of the fetus had developed prior to the miscarriage, for example, a finger, nail or hair etc, then the blood which comes from the woman will be considered part of post-natal bleding (nifaas), and the woman will act in accordance with the rulings concerning post-natal bleeding.
This is because, the limbs begin developing within four months, and the soul enters after the completion of four months. In the event of a miscarriage taking place after the limbs have developed, the blood that appears is part of post-natal bleeding. However, if the miscarriage took place within 120 days and it is unknown whether any limbs were formed or it is known that no limb had developed, then the blood will not be classed as post-natal bleeding. In this scenario, if the blood continues for at least 3 days and 3 nights (72 hours), and the woman remained in a state of purity for at least 15 days prior to this bleeding, the blood will be classed as part of her menses (hayd). In this case, she will act upon the rulings concerning menses. However, if the bleeding stopped before three days, or it did not stop but the woman was not in a state of purity for 15 days prior to this, then it will be considered as abnormal vaginal bleeding (istihaadah). In this situation, the woman will act upon the rulings relating to this type of bleeding.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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