The Ruling on a Marriage Contract Without Specifying the Mahr
Machine translationRead the Arabic original
Question:
This questioner asks and says: What is the ruling of the Shari'ah in your view, Honorable Shaykh, regarding the marriage contract? Is it permissible to conclude a marriage contract by merely specifying the amount of the mahr (bridal gift) in it, without paying any of the mahr to the father, by mutual agreement of both parties? We ask you to provide us with information.
Answer:
The mahr is obligatory. If it is specified, then that specification is acted upon. If it is not specified, then it is estimated, and she is given the mahr of her like. If it is not specified, the mahr of her like is prescribed for her. The mahr is a right of the woman. And Allah says: “Give the women their mahr as a free gift. But if they willingly remit some of it to you, then accept it with gratification and ease.” The contract is valid without specifying the mahr, but there must be a mahr befitting the woman. If it is specified, the specified amount is taken. If it is not specified, the mahr of her like is prescribed for her. Yes.
The presenter:
May Allah reward you,
This questioner asks and says: What is the ruling of the Shari'ah in your view, Honorable Shaykh, regarding the marriage contract? Is it permissible to conclude a marriage contract by merely specifying the amount of the mahr (bridal gift) in it, without paying any of the mahr to the father, by mutual agreement of both parties? We ask you to provide us with information.
Answer:
The mahr is obligatory. If it is specified, then that specification is acted upon. If it is not specified, then it is estimated, and she is given the mahr of her like. If it is not specified, the mahr of her like is prescribed for her. The mahr is a right of the woman. And Allah says: “Give the women their mahr as a free gift. But if they willingly remit some of it to you, then accept it with gratification and ease.” The contract is valid without specifying the mahr, but there must be a mahr befitting the woman. If it is specified, the specified amount is taken. If it is not specified, the mahr of her like is prescribed for her. Yes.
The presenter:
May Allah reward you,
Source
نور على الدرب - الفوزان - 02/300 — archive.org (11:02)
The Arabic text is a machine transcription of the audio recording.