Will My Child Be Illegitimate If I Don’t Pay the Dowry of My Marriage?

Answered by Ustadh Tabraze Azam

Question: Assalam’aleykum

Is it true that if someone refuses to pay the dowry of one’s marriage or can’t pay it due to death then the child born of this marriage will be considered illegitimate?

Answer: Wa alaikum assalam wa rahmatullah,

No, what you have mentioned is incorrect. The dowry (mahr) is a consequence of the marriage contract which is due whether it is contractually stated or not. If the man and woman thus marry, any children that are borne thereof would be legitimate children from a valid marriage contract. The fact that the dowry wasn’t paid, in the case of death or refusal, doesn’t change their being a lawfully married couple. In any case, the dowry remains a debt upon the husband until payment.

Please also see: Some Rulings Related to the Dowry

And Allah Most High alone knows best.

wassalam,

Tabraze Azam.

wassalam,
[Ustadh] Tabraze Azam

Checked & Approved by Shaykh Faraz Rabbani

Ustadh Tabraze Azam was born and raised in Ipswich, England, a quiet town close to the east coast of England. His journey for seeking sacred knowledge began when he privately memorized the entire Qur’an in his hometown at the age of 16. He also had his first experience in leading the tarawih (nightly-Ramadan) prayers at his local mosque. Year after year he would continue this unique return to reciting the entire Quran in one blessed month both in his homeland, the UK, and also in the blessed lands of Shaam, where he now lives, studies and teaches.