Application of the Rule of Duress to Marriage Portion (Mehr) With Special Reference to Imam Khomeini's Viewpoints

Avoidance of a husband of paying the marriage portion (mehr) when he can afford it is not acceptable, for many authentic traditions prohibit it. Also commitment to a marriage portion which is not affordable by husband is prohibited and impermissible. On the other hand, a wife is not entitled to ask for marriage portion during the time of duress and when her husband cannot afford it. According to the Quran and traditions, an indebted person who cannot afford to pay the debt should be given enough time to pay it. Since the husband is also committed to pay marriage portion to his wife, this rule applies to him as well. In case the husband can afford to pay the marriage portion but refrains from it, there are certain mechanisms in Sharia and the law to make him pay. One of these mechanisms is to imprison the husband, but imprisonment of the husband who does not pay the marriage portion is not legal if he cannot afford to pay. But if he can afford and at the same time declines to do so, he is imprisoned to pay.Another mechanism is to sell the properties of the husband. If the husband has some properties other than what has been excluded by Sharia as basic necessities, they are sold on the verdict of the court to pay the marriage portion to wife. If the husband is capable of working and earning income, he should work and pay the marriage portion on installment.