Title: Payment of Mehr if the Wife is Guilty of Adultery Question: I was married to a Muslim woman for almost 10 years and am now in the process of divorcing her. One of the reasons for the divorce is that she admitted to committing adultery. In the divorce proceedings she is now asking for payment of the Mehr . Does she have the right to ask for this under these circumstances? Answer: Mehr , according to the Islamic Shari`ah , is a token payment, at the time of the marriage contract, symbolizing, on behalf of the husband, the acceptance of the financial responsibility of the family that shall be formed on the basis of this contract. The right time for the payment of the Mehr is the time the marriage is being contracted. However, the payment may be deferred with the consent of both the parties to the contract. In view of the above explanation of the position of Mehr , it should be clear that it is, in effect, a debt on the husband beginning from the time of the marriage contract. Thus, it has to be paid, under all circumstances. However, it may be added here that, in case of divorce under normal circumstances, the Qur'an has prohibited the husband from taking back any gifts that he may have given to his wife, irrespective of the value of these gifts. Nevertheless, in case divorce is being affected due to a proven disloyalty or infidelity (as in adultery) of the wife, as is the case in your question, the Qur'an allows the husband to take back the gifts that he may have given to his wife. In view of the above explanation, it should be clear that in my opinion, you will have to pay the amount that had mutually been agreed upon you and your wife at the time of your marriage as Mehr . However, under your specific circumstances, it would not be prohibited for you to ask her to return you all the gifts that you had given her during the time you remained married to her. 15 th May 2000