Do the US courts recognize it? Now seeing a second divorce, and again, judge did not recognize it, and did not uphold the points on the nikkah as it’s not seen as a legal document in the US courts. My first friend that got divorced, never got her Haq Mehar. And now another marriage where it’s being debated whether to give the girl the Haq Mehar or not.
I mean, it’s a nikkah, and you’d think muslim men MIGHT give it a second thought before denying a woman her Haq Mehr, but what the heck is our community doing to ensure these legal rights to the woman by, I dunno, putting this in a pre-nup?
Why can’t we make our nikkah namas into a pre-nup version, so that it applies in the court of law?
Meher is must for validation of nikah…it is not the money which woman gets at time of divorce.Divorce or no divorce paying mehr is must.
My brother and i paid mehr at the time of nikah…as i m in india…dont know about legal status of nikahnama in us court
^ Yes Haq Mehr is not related to divorce. Its farz upon a man to pay, however they can delay it due to a legitimate reason. I got mine at the time of Nikah.
I received my haq mehr on my nikaah pretty much straight after I had signed lol. There should be no reason really why the husband wouldn't give it straight away, it's not meant to be given at divorce, it's given at marriage.
There are two types of haq mehr A) ‘mehr moajjal’ i.e. prompt haq mehr which is given to the wife at the time of Nikah; or B) ‘mehr ghair moajjal’ i.e. deferred haq mehr which is give to the wife later. If nothing is mentioned in the Nikah Nama, then mehr is presumed to be mehr moajjal.
It’s always favorable for the bride to receive it upfront at the time of nikkah signing, but in my case, mine was deferred…it was such a nominal amount anyway..come to think of it, maybe I should spring it on the hubby tonite ask him to pay up
I received my haq mehr on my nikaah pretty much straight after I had signed lol. There should be no reason really why the husband wouldn't give it straight away, it's not meant to be given at divorce, it's given at marriage.
And the wife can demand the mahr before she goes to live with the husband (i.e. refuse to live with him until he pays it).
^Ditto. In our family it is also paid upfront, although where we are from, haq mehr usually isnt of significant amount :/
This is the case in our family as well.
We are strictly against the amount being an unreasonably large one.
I know families that set mehr at $25K or $30K and that's just ridiculous.
I got my haq meher then gave it back for something…(someone in his family needed it and he wasnt working at the time)…sill waiting for it…maybe when the exchange rate is in my favor
The Haq Mehr and nikkah forms are not recognized by US judges. Second case I'm seeing now where the courts are ignoring it even though it's in writing.
And second marriage where I'm seeing Haq Mehr not paid even up to divorce time. And then the issue of jewelry also comes up and the US courts don't know what to do with this. In some desi families a lot of gold is given to the girl, not small amounts, and so how does that go down in a court.
I asked a lawyer once whether the nikkah is upheld like a prenup and he said no. They have their separate forms for that and lawyers have to be involved when those documents are drawn up.
^ I don't know about courts but once a gift is given to a girl or to anyone, it cant be asked back for in Islam. There is a hadith or a saying which i need to look up for which goes something like asking for a gift back is like a dog vomiting or something. Muslims first go overboard with giving and then God forbid an engagement breaks or divorce happens, they ask for everything back!
and yes mehr should be according to the social status and equivalent to be enough for 2-3 months living expense. Someone said should be equivalent to the guy's 2-4 months pay or something/... a practice which i consider bad is giving some rupees linking it somehow to old times practice - i heard some families give like 32 rupees or something in mehr..
It could be any agreed upon amount, but pcg is right. Technically the amount should be so girl could maintain the similar life style for 6 month in case of divorce, that she would be living with her hubby. My opinion is this that haq mehr should be 6 x 40% of hubby's net income. So if he brings home 10,000 a month net, haq mehr should be 24,000 minimum.
