Can a Visa Fee Be Stipulated as Mahr in Islam?

Answered by Shaykh Irshaad Sedick

Question

I will be marrying a girl from my home country, insha’Allah. To bring her to Australia on a permanent spouse visa will cost me $9000. I told the girl and her parents that the application fee for the visa would be my mahr. They agreed to it. But is it Islamically valid? Someone told me that mahr has to be a tangible item.

Answer

In the Name of Allah, the Most Merciful and Compassionate.

May Allah alleviate our difficulties and guide us to what pleases Him. Amin.

Yes, it is Islamically valid for the visa application fee to be stipulated as mahr, as long as its value is known, agreed upon, and not impermissible in itself. The mahr does not have to be a physical object.

“And give the women [upon marriage] their [bridal] gifts graciously…” [Quran, 4:4]

Mahr (dower) may be anything lawful that has monetary value and can be possessed or received by the bride. The mahr can be money, property, or any benefit with measurable and permissible value [‘Umdat al-Salik]. There is no strict requirement that the mahr be a tangible object.

Therefore, it is considered valid if the $9000 visa application fee is known, specified, and agreed upon by both parties as the mahr. The intention here is to offer a financial benefit to the bride, which fulfills the legal purpose of mahr — that is, a gift to honor the marriage and support the bride.

There is no basis in the Shafi‘i School to restrict mahr only to physical items. As long as the transaction is not a form of deception, and the benefit is clear and permissible, the mahr is valid according to Islamic law.

I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan (Allah have mercy on him), where he taught.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Shaykh Muhammad Awama, Shaykh Muhammad Hasan Hitu, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has been the Director of the Discover Islam Centre, and for six years, he has been the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has fifteen years of teaching experience at some of the leading Islamic institutes in Cape Town. He is currently building an Islamic podcast, education, and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy Prophetic living and fitness.