Who Determines the Mahr for the Wife and the Disagreement Between the Wife and the Guardian Regarding Its Amount
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, the questioner asks: Who determines the mahr for the wife, the woman or the guardian?
The Shaykh:
The judge determines it, as previously mentioned to you. The judge determines it based on the mahr of her close relatives and those of similar status. Yes.
The questioner:
He says: And if the woman agrees to thirty thousand, for example.
The Shaykh:
And his intention is: Who determines it if it was not specified? And his intention is not about who determines the amount paid by the husband's choice. The husband pays what he wants to pay: one hundred thousand, twenty thousand, ten thousand. But the less it is, the better and more correct, following the Sunnah. The less it is, the better.
The determination, or if the wife says, "I will not marry you except for such and such," or her guardian says, "I will not marry you to him except for such and such," this is if the question is about determining the amount to be paid. But if the discussion is about determining the amount that was not specified, the one that was not specified, then that is for the judge. Yes.
The questioner:
He says: And if she agrees to thirty thousand, but her guardian demands sixty thousand, does the judge have to compel him to agree, or not?
The Shaykh:
By Allah, this is for the judge. It is referred back to the judge, and he observes his opinion in this matter. Yes.
Honorable Shaykh, the questioner asks: Who determines the mahr for the wife, the woman or the guardian?
The Shaykh:
The judge determines it, as previously mentioned to you. The judge determines it based on the mahr of her close relatives and those of similar status. Yes.
The questioner:
He says: And if the woman agrees to thirty thousand, for example.
The Shaykh:
And his intention is: Who determines it if it was not specified? And his intention is not about who determines the amount paid by the husband's choice. The husband pays what he wants to pay: one hundred thousand, twenty thousand, ten thousand. But the less it is, the better and more correct, following the Sunnah. The less it is, the better.
The determination, or if the wife says, "I will not marry you except for such and such," or her guardian says, "I will not marry you to him except for such and such," this is if the question is about determining the amount to be paid. But if the discussion is about determining the amount that was not specified, the one that was not specified, then that is for the judge. Yes.
The questioner:
He says: And if she agrees to thirty thousand, but her guardian demands sixty thousand, does the judge have to compel him to agree, or not?
The Shaykh:
By Allah, this is for the judge. It is referred back to the judge, and he observes his opinion in this matter. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 075-كتاب النكاح - 7-11-24 هـ — archive.org (1:11:12)
The Arabic text is a machine transcription of the audio recording.
