Daily Fiqh Thread

Is nikah valid without payment of mahr?

What are the conditions for validity without mahr?
 
It is mentioned in al-Mawsoo`ah al-Fiqh-hiyyah:

والمهر ليس شرطاً في عقد الزواج ولا ركنا عند جمهور الفقهاء، وإنما هو أثر من آثاره المترتبة عليه، فإذا تم العقد بدون ذكر مهر صح باتفاق الجمهور

​
"Mahr (dowry) is not a Shart (condition) in Nikaah and is not a pillar of it according to the majority of the Fuqahaa (Jurists). It is an effect from the effects (of Nikaah) which comes as a result of it. Hence, if a Nikaah is concluded without Mahr (dowry), it is valid according to the consensus of the majority (of `Ulamaa)."

At the same time, Imaam al-Qurtubi mentions in his Tafseer that Mahr is Fardh (obligatory) upon the man. So, despite the fact that the marriage is valid without Mahr, the man will be sinful. Not only that, but this Mahr which he did not pay will remain as a debt upon him which he has to pay in his lifetime. If he dies without paying it, the wife will be paid it from his estate, because it is her right.

In summary: Marriage will be valid but husband will be sinful, and it is a debt obligatory upon him to pay.


والله تعالى أعلم
​
 
Subhanallah! Great explanation brother, my doubts have cleared on this issue.

:jz:
 
Is it permissible to recite Qur'aan aloud while sitting next to the mayyit after ghusal and kafn is done?
 
If a person has only the nisab amount will it be necessary for him to make qurbani?
 
The Salaah of a Sick Person:​

If a person is unable to perform Salaah standing, then he should perform it while sitting down, making Rukoo` and Sujood. If he is unable to make Rukoo` and Sujood as well, he should just gesture with his head (declining it) for Rukoo` and do so a bit lower for Sujood.

Note: He should not lift anything up to his head and make Sajdah on it.

If the person is not able to perform Salaah even sitting, then he should perform it while lying on his back and facing his legs towards the Qiblah, and just gesturing (with his head) for Rukoo` and Sujood. If he is laying on his side and his face is towards the Qiblah, and he is gesturing with his head (for Rukoo` and Sujood), his Salaah is valid.

If the person is unable even to gesture with his head, then he should delay the Salaah (until he gets better). He should not gesture (for Rukoo` and Sujood) using his eyes, or his heart, or his eyebrows.

If a person is able to stand (in Salaah) but is unable to perform Rukoo` and Sujood, then it is not necessary for him to stand. It is permissible for him to perform the entire Salaah sitting, and he will gesture (with his head for Rukoo` and Sujood).

If a healthy person performs part of his Salaah standing, and thereafter he becomes sick and is no longer able to stand, he should complete the rest of the Salaah while sitting, performing Rukoo` and Sujood if he is able to, or gesturing (with his head) if he is unable to perform Rukoo` and Sujood, or lying on his back if he is unable to sit.

If a person is performing Salaah while sitting down due to an illness, and thereafter becomes healthy again during the Salaah, he should complete the rest of it while standing up (like normal).

If a person is performing his Salaah while making Eemaa' (gesturing with the head) for Rukoo` and Sujood because he is not able to do them, and thereafter becomes able to do them during the Salaah, he should repeat that Salaah (and do them).

If a person falls unconscious or into a coma and this lasts for the duration of five Salaats or less, he will make Qadhaa of (repeat) them when he wakes up. However, if this condition lasts for more than five Salaats, then he does not need to make Qadhaa.

[Mukhtasar al-Qudoori fil-Fiqh al-Hanafi.]

والله تعالى أعلم​
 
1.A friend just asked me if it is جائز for a حائضة to slaughter a Qurbaani animal?[emoji85]

2.If Najaasah messes on the body, would it be sufficient to wipe it off with a wet cloth until it is cleaned, rinsing the cloth each time?
 
Last edited:
زهراء said:
1.A friend just asked me if it is جائز for a حائضة to slaughter a Qurbaani animal?[emoji85]

2.If Najaasah messes on the body, would it be sufficient to wipe it off with a wet cloth until it is cleaned, rinsing the cloth each time?
Click to expand...

1) Yes, it is permissible. [Fataawa Mahmoodiyyah Vol. 26 Pg. 182]

2) Yes.

والله تعالى أعلم​
 
Do you have hadeeths to back up two parts of the wudhu (fingers through fingers, wipe teeth/miswaak teeth)?
 
If a person forgets to recite a dua or qunoot in witr does sajda sahw needs to be done?
 
According to the Hanafi Madh-hab, Qunoot in Witr is Waajib; hence, if omitted, Sajdah Sahw should be performed.

بحوالة: مراقي الفلاح شرح نور الإيضاح ونجاة الأرواح

​
والسلام​
 
:jz:

It is Sunnah to read the last two ayahs of Surah Baqarah before sleeping at night. Should we read from 'Lillahi mafis samawati' or just read from 'Amanr rasulu' ?
 
Umm Abed said:
:jz:

It is Sunnah to read the last two ayahs of Surah Baqarah before sleeping at night. Should we read from 'Lillahi mafis samawati' or just read from 'Amanr rasulu' ?
Click to expand...

عن أبي مسعود الأنصاري قال قال رسول الله صلى الله عليه وسلم ((من قرأ الآيتين من آخر سورة البقرة في ليلة كفتاه)) قال أبو عيسى هذا حديث حسن صحيح.

​
Hadhrat Abu Mas`ood al-Ansaari رضي الله عنه narrates that Rasoolullaah صلى الله عليه وسلم said, "Whosoever recites the last two Aayats of Soorah al-Baqarah at night, they will suffice him." [Narrated by Imaam at-Tirmidhee in his Sunan, and he said, "This Hadeeth is Hasan Saheeh."]

Commenting on this Hadeeth, Haafiz ibn Hajr al-`Asqalaani رحمة الله عليه mentions that the meaning of "Kafataahu" (they will suffice him), is that they will safeguard him from all evil, including the evil of Shaytaan, for that night.

The last two Aayats are mentioned, and that starts from "Aamanar Rasoolu..."

والله تعالى أعلم

والسلام​
 
Last edited:
I love those aiyahs so much I feel my heart on my chest Alhamdullilah
 

Similar Threads

Back
Top