Q:

Salaamalaikum. My question is about Haq maher. My ex wife falsely accused me of hitting her. She called the police and tried to stop my livelihood claiming falsely I stole from her and got me arrested twice. She on the other hand kept stealing from me I later found out. The police separated us and then we were told 4 months later post investigation that they were not going to charge me. The case was dropped and I was told by police not to contact her again. I divorced her in absentia and we went separate ways. I do not know where she is now. I have been instructed by police not to contact her again. Our marriage was Islamic marriage in a mosque so I did not have to go through court. My question is what happens to Haq maher in this instance. Thanks.?

A:

Wa `alaykum As-Salamu waRahmatullahi wa Barakatuh.

If what you allege your wife is true, then you need not worry about paying her Mahr as she is the one who is responsible for the divorce. If, however, your behavior has caused the rift between you and her, then you ought to pay her Mahr; if you have not paid it.

Mahr is the right of a woman; Allah’s explicit order mandates it; as such, you ought to pay it; if you did not pay before, you must pay it at the time of divorce.

The only exception to this is when the divorce is initiated by the wife; or caused by the wife without any fault on the part of her husband.

Having said this, I must also point out: If your behavior has made her take such a hostile attitude, then as a conscientious Muslim, you should pay the Mahr at the time of divorce.

Almighty Allah Knows best.