Fatwa Ulama: Mahar, whose right?

Fatwa Sheikh Abu Abdillah Musthafa bin Al-‘Adawi

Question:

Is the dowry of the bride to be her right or is his guardian right?

Answer:

Dowry is the right of women, this is based on the word of God Tap,

So what you have enjoyed from them, so they bring them to stand.

“Then the wives you have enjoyed (fuck) between them, give them the dowry (perfectly), as an obligation.” (Surah An-Nisa ‘: 24)

Also based on God’s Word Tap,

And if you want to be the husband of a husband, and you are one of them

“And if you want to replace your wife with another wife, while you have given someone among them a lot of wealth (dowry), then you should not take it back from the item at all.” (QS. An-Nisa ‘: 20)

Allah Story said,

And women come to their charity

“Give Maskawin (Mahar) to women (you get married) as a gift.” (QS. An-Nisa ‘: 4)

In addition, this is also based on the word of the Prophet Shoullahu ‘alaihi wasallam about the story of a husband and wife who are each other Li’an,

So friendship with what you break up from his expectations

“So he (wife) has the right to dowry because you have justified his genitals.”

As for if anyone is worried about God’s Word Story When telling a pious servant,

He said that I wanted to make you happy, two girls.

“He (Syu’aib) said,” Indeed, I intend to marry you to one of my two children, on the basis that you worked with me for eight years “(QS. Al-Qashash: 27); To say that the dowry became the right of the guardian, then I answered with a few answers (rebuttal):

First: That is the law of the people before us. As for our sharia (Muhamad Shoullahu ‘alaihi wasallam) shows that the dowry is the right of women.

Second: This opinion does not deny that there are benefits that return to Moses’ wife ‘Greetings alaihis. This is because of Moses ‘Greetings alaihis has helped his father (that woman), so it could be Moses ‘Greetings alaihis has alleviated it from the task of giving drinking livestock and other tasks.

Third: It does not rule out the possibility that it is on the basis of mutual pleasure between the pious servant (ie Syu’aib) and his daughter. Wallahu ta’ala a’lam.

Ibnu Hazm Rahimahullah in the Al-Muhalla (9: 511),

It is not permitted for Mr. Al -Bakr – small or large – or clothes, or other kinship or other people: decisions about friendship from his daughter, or relatives, and no one mentioned to give it, or anything from him, nothing is the same for her husband – divorced or gaining – or for others, and if they do something the same, there is no more than that. And that might give him friendship or part of those who want it, and there is no objection to the father or husband in that case – this is because he is a rational adult who remains for him after his wealth, if not, not. And the meaning of the proverb of the Almighty: {we are half of what you are imposed, except to forgive or forgive those who have marriage hands} [البقرة: 237] Rather, it is that if a woman divorces her before her before she sought – and she was called her friendship – she has half of her friendship that was named her, except that she forgives her and does not take anyththing from her husband and gaves him hamf that is due to her, or the husbandship forgives and gives her everyone, so any of them that, it is closer to piety

“Not lawful for the father of a girl (both young or adult), as well as not lawful for a father of a widow woman, or for anyone from other relatives or other people to decide on something in the dowry of his daughter or his relatives. (action) is canceled, invalid, and must be rejected forever.

The woman has the right to give her dowry or part of her to anyone she wants, without considering objections from her father and husband; This is if he has Baligh, wise, and still has adequacy (property) afterwards. If not, then you can’t.

As for the meaning of God’s Word Story (which mean), “Then half of the dowry that you have specified, except for them (women) forgive, or those who hold marriage bonds” (Surah Al-Baqarah: 237), is that if a woman is divorced by her husband before being associated, and the dowry has been determined and agreed upon by her, then she has the right to half of the dowry that has been mentioned. Unless he himself forgives (not demanding it) and gives it to her husband, or if the husband forgives (meaning: giving it all). Anyone among the two who forgive, then it is closer to piety. “

Then he mentioned differences of opinion about the meaning of the word of God Tap,

Hand marriage contract

“People who hold the bond (contract) marriage” (QS. Al-Baqarah: 237); And he chose the opinion that what is meant is a husband.

***

@Unayzah, ksa; 18 Zulkaidah 1446/16 May 2025

Translator: Hakim M. Saifudin

Article Muslim.or.id

Footnote:

Translated from Ahcamun marriage is Zeaf. matter. 84-85.