Enforcing Mahr Against a Husband’s Share of Inherited Property - Jurisprudential Answers - Miscellaneous Issues, Vol 4

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Question 122

A sister in Iran stipulated in her marriage contract that she could demand her mahr whenever she wished. Years later, because of certain circumstances, she demanded it. Her husband cannot pay cash, and under Iranian law the court may seize his property. If he owns no independent property but has only a share in inherited property, the court can seize and sell his inheritance share even without the consent of the other heirs. If they object to selling the inherited property, the court can require them to pay the husband's share so that the wife receives her mahr. Is this legally permissible even when the other heirs object and are distressed by the sale?

Ahmed al-Hasan Response:

It is permissible. However, what is better is kindness between the spouses, and if the husband is in hardship, his wife should be patient with him until God provides for him.

Source: Jurisprudential Answers - Miscellaneous Issues, Vol 4; Author: Imam Ahmed Al-Hasan; Question 122; Page Not available; FIQH-MISC-V4-Q122. View Arabic source · Open the original Arabic source ↗

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  1. ↑ Ahmed Al-Hasan. Jurisprudential Answers - Miscellaneous Issues, Vol 4. Question 122; Page Not available. FIQH-MISC-V4-Q122. View Arabic source
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Ahmed Al-Hasan. Jurisprudential Answers - Miscellaneous Issues, Vol 4. Question: 122. Page: Not available. FIQH-MISC-V4-Q122. https://ahmedalhasan.org/ar/Library/BookContent/100