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Fatwa CenterHis Wife Falsely Accused Him and Got Him into Troubles with the Police and They Separated: She Still Deserves Her Mahr
Question
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.?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
In the event of divorce, the woman is entitled to her bridal gift (Mahr), and her right to it is not waived except for a Sharee‘ah-acceptable reason, as is the case when she gives up her bridal gift in return for the divorce. Accordingly, your wife is entitled to her bridal gift, and the discord between you does not waive her right to it. Allah, The Exalted, Says (what means): {And give the women [upon marriage] their [bridal] gifts graciously…} [Quran 4:4]
Hence, it is incumbent on you to deliver her bridal gift to her, and we do not believe that you would not be able to find a way to do that. If you exhaust every possible way and still could not deliver the bridal gift to her, then you may spend it in charity, and then if she showed up afterward or her heirs – if she had died – you should give her the choice either to approve the charity or give her the money (bridal gift), and in this case, you would receive the reward for this charity.
We would like to urge spouses to avoid discord to the best of their ability. In the event of discord, they should solve the problem wisely and within the framework of the Sharee‘ah. They may seek the help of the Islamic entities, like the Islamic centers, concerned with addressing the Muslims’ affairs (and settling their disputes). It is impermissible to resort to man-made laws for judgment without necessity.
Allah Knows best.
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