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Inflation Adjustment Of Haq Mehar After 16 Years
I am a Sunni Pakistani Muslim woman. My husband divorced me last month after 16.5 years of marriage with Haq Meher of 1 lac as mentioned on the nikkah nama. I wanted to know if the haq meher is to be adjusted according to the inflation as 16.5 years is a long time with currency depreciated drastically.
Also, suggest if already such inflation adjustments have been made. Please also guide how can i get my right in a court of law if such an adjustment is to be made.
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8 Replies
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Inflation Adjustment Of Haq Mehar After 16 Years
updated 1 year, 4 months ago
3 Members
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8
Replies
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The sense of justice demands compensation for the depreciation of the currency. We can tell only the ruling of Shariah. The actual current legal position can be obtained from advocates. Shariah has no objection to it. In the matter of debt, we advise the same that depreciation should be compensated.
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Thank you so much Dr Irfan Shahzad for your prompt response. This has been really useful for and also for other women in my situation.
With the consultation of my lawyer, I wanted to request if you share any relevant resources from where such justification can be derived so that I can prove my case in the court of law. Relevant resources may include any prior cases, Muslims countries that have law for this, or any valid citation from Islamic history.
I am really thankful for your cooperation.
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For comments of Ghamidi Sahab, please refer to the video below from 19:50 to 23:38
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Thank you so much Umer Qureshi for your prompt response. This has been really useful for and also for other women in my situation.
With the consultation of my lawyer, I wanted to request if you share any relevant resources from where such justification can be derived so that I can prove my case in the court of law. Relevant resources may include any prior cases, Muslims countries that have law for this, or any valid citation from Islamic history.
I am really thankful for your cooperation.
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Since issues like delayed Mehar conditional upon divorce etc. were not present at the time of Sahaba, you may not find any valid citation from Islamic History of the earliest times.
Imam Ibn-e-Taymiyah wrote:
The Sahaba did not write down mehars because they did not get married with a delayed portion of the mehar; rather they would pay the mehar immediately, and if they delayed it, it would be well-known. But when people began to arrange marriages with a deferred portion to be paid after a long time, and it might be forgotten, they began to write down the deferred portion, and that became proof in confirming the mehar and that she was his wife. [Majmu al-Fatawa (32/131)]
Therefore, this kind of jurisprudence evolved in later times and there are both views found in this regard. In Hanafi Jurisprudence, Imam Abu Yusuf, a very prominent jurist holds the same view as that of Ghamidi Sahab.
Following resources may be of some help to you where both views can be read and understood:
https://www.islamweb.net/en/fatwa/296497/inflation-not-a-factor-in-the-settlement-of-delayed-mahr
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Thank you so much Sir Umer Qureshi for your prompt response. I am indeed really grateful to you for being so helpful.
I wanted to know if you can help me find some relevant examples or practices in the Muslim world where such depreciation has been taken care of and there is a legal way of calculating the difference. I need solid evidence to prove in the court of of law in Pakistan. Also to what extent women have been compensated for the loss of the value of money?
Really appreciate your response.
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Your lawyer might be able to help you in this regard. Since it is not a matter of direct religious injunction, rather it falls more in the domain of ijtihad related to applied matters for which no examples are available from the times of Sahaba. In the absence of any law of the land, a court ruling would serve as equivalent to that. The amount and the mechanism for its calculation is for the court to decide after considering the principle of Justice.
Dr. Irfan Shahzad Sahab might be able to help you whenever he got time to respond. And as a last resort, you can ask Hassan Ilyas Sahab for assitance via WhatsApp, whose number I have sent you in a private message.
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I can’t thank you enough Dr UMeR Qureshi for your prompt and continued support and cooperation.
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