Topic:
Claiming Mahr from Deceased Husband's Estate (No-18119)
My husband did not give me my mahr during his lifetime, and I have not waived my right to the mahr. Now that he has passed away, am I eligible to receive my mahr from the estate he has left behind?
It is Wajib (obligatory) for the husband to give his wife the mahr. This mahr is considered a loan that the husband owes his wife. If the husband fails to give the mahr during his lifetime and the wife does not waive her right to it, then the wife is entitled to receive the mahr from her deceased husband's estate.
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دلائل:
الھندیۃ: (303/1- 304، ط: دار الکتب العلمیة)
والمهر يتأكد بأحد معان ثلاثة: الدخول، والخلوة الصحيحة، وموت أحد الزوجين سواء كان مسمى أو مهر المثل حتى لا يسقط منه شيء بعد ذلك إلا بالإبراء
Allah the Almighty knows best.
Darul ifta Al-Ikhlas, Karachi.