FIQH OF MARRIAGE

DOWRY If a woman marries and keeps her dowry lower than her peers, then the wali has a right to object to it as long as the husband makes up for the dowry of her peers, or separates from her. A womans dowry must be in accordance with her compatriots. If a father marries off his minor daughter and keeps her dowry low, or marries off his minor son and exceeds in the dowry, this is permissible for him. A dowry is, in fact, a gift given to the wife from the husband. A dowry is a right of a wife and must be paid to her. It is a payment by which the husband honours the wife and shows gratitude to her. The dowry can be given in cash or in other forms (jewellery, etc.). It is an obligation of the husband to pay his wife her dowry. A dowry is like a debt, and like all debts the husband would be sinful if he did not pay it, although the marriage would remain intact. According to the majority of scholars, there is no minimum amount of dowry. According to the Hanafi school of thought, the minimum amount given in dowry should be no less than 10 Dirhams (30.618 grams of silver). There is no maximum amount of dowry. The marriage is valid if a dowry was named in it, and is valid even if there was no dowry named in it. Determining a dowry is not a prerequisite for the validity of a marriage. A marriage is valid whether a dowry was fixed or not. Even if the dowry he gives her is less than 10 dirhams, she will still be entitled to him. It is, however, an obligation on the husbands part to pay the minimum amount of dowry. If the dowry was fixed, and the husband divorced her before the marriage was consummated and before seclusion (before having intercourse, or they sat in seclusion with one another and not necessarily had intercourse, but had the freedom to have intercourse) the husband will be obliged to pay half of the fixed amount of dowry. If the dowry was fixed, and the husband divorced her after the marriage was consummated or after seclusion, the husband will be obliged to pay the whole fixed amount of dowry. If the dowry was not fixed, and the husband divorced her before the marriage was consummated or before seclusion, the husband will be excused from paying the dowry, but it is wajib to give the girl a small gift. If the dowry was not fixed, and the husband divorced her after the marriage was consummated or after seclusion, the husband will be obliged to pay her mahrul mithl (dowry which is given to other women similar to her in age, qualities, characteristics, etc.) If a muslim marries a woman on a dowry of wine or pork, then the marriage is valid, and she will be entitled to the dowry of her peers (mahrul mithl). If he marries her and does not name a dowry, and they mutually agree on a fixed dowry, then she will be entitled to it if they consummate the marriage or he dies leaving her. If he divorces her before consummation then she is entitled to compensation.

If an amount has been added to the dowry after the contract, then he will be obliged to pay the additional amount. Excessive amounts of dowries should not be fixed. Excessive amounts of dowries can sometimes even become haram. The recommended amount of dowry is Mahrul Fatimi which is the sunnah amount of dowry. This is the amount which was given as dowry to Fatima R.A. Mahrul Fatimi is 1530.9 grams of silver. Dowry is not given by the wife to the husband. Any payment expected or demanded besides the dowry is considered a bribery (rishwah), regarding which the prophet (SAW) has said The one who gives a bribe and the one who takes a bribe will both be in the fire of hell.