A man is asked by the girls family to put half the family home in the mehr-naama if he wants to marry her. The man asks his mother (who is the rightful owner of the house) and because he is her “darling” son signs the paper to agree to this. Another son also does the same at his marriage.
After 30 years of marriage, the first son sees that an injustice was done to his four sisters who have a Quranic right to a share in the house. He asks a solicitor to draw up a will for his mother who signs this and gives all her children a share in the house, according to the Quranic division. The solicitor signs the will along with the man. A wrong has been corrected.
After one year the solicitors son marries the daughter of the man. After nine years the aged mother dies and after another year the man dies from a brain haemorrhage. The other son and his wife are also deceased by this time. The remaining widow tells the same solicitor to hide the mothers will and take her mehr-naama to the court to put the house in her name, denying the sisters a share. The courts are shown a copy of the will and agree that this takes precedence, as this was the last testimony of the mother. The solicitor is also asked why he had forged the four sister’s signatures giving the house to the sister-in-law? He had no answer.
The solicitor is a lifelong student of the Quran!
The son was a lifelong student of the Quran, who corrected a mistake so no guilt can be attributed to him, but when it is stated that behind every great man there is a great woman, this was not so in this case.
If the mehr-naama stated half the house to the girl, can she claim it if the will had not been written?
PS True story which I am involved with at the moment.