Wife pardons Mahr under duress

Question:-

A husband didn’t pay the Mahr that was due to his wife after marriage. He now constantly pressurizes her to pardon the Mahr that is due to her. If she pardons him, due to being pressurized, will the Mahr fall away?

Answer:-

If the husband forces and pressurizes his wife continuously to forgive the Mahr that is due to her, and as a result of not being able to withstand his continuous demands and harassment, she unwillingly and unhappily forgives him, then she is entitled to claim it back at a later stage. The same ruling will apply if he threatens to injure or harm her in some way, and in order to protect herself from the harm, she forgives him unhappily, then she may claim back her Mahr at a later stage.

فَإِنْ فَعَلَ مَا دُعِيَ إلَيْهِ ثُمَّ زَالَ الْإِكْرَاهُ ( فَهُوَ بِالْخِيَارِ إنْ شَاءَ أَمْضَى وَإِنْ شَاءَ فَسَخَ ، لِأَنَّ مِنْ شَرْطِ صِحَّةِ هَذِهِ الْعُقُودِ التَّرَاضِي  (العناية شرح الهداية – كتاب الاكراه)

ALLAH TA’ALA KNOW BEST!

ANSWERED BY:

Mufti Mohammed Desai

21 Rabi-ul-Aakhir 1443 / 26 November 2021