Is it permissible for a father to take from his daughter's mahr when she is not willing?
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The questioner : Is it permissible for a father to take...
The Shaykh : Is it?
The questioner : Is it permissible for a father to take from his daughter's mahr even if she is not willing?
The Shaykh : Yes, it is permissible for a father to take from his daughter's mahr after she has taken possession of it, even if she is not willing, unless doing so would harm her such that she is in need of it and cannot meet her needs and interests without it. In that case, it is not permissible for him to take anything from it, because the need of the self takes precedence over the need of another.
As for when he conditions for himself something from the mahr at the time of the marriage contract or at the time of the proposal, saying to the suitor, "I will marry you to her on the condition that you give me such and such from the mahr," then that is forbidden for him and not permissible, because this leads to daughters being in the position of merchandise in the hands of their fathers, sold where the price is highest and most expensive. And this leads to betraying the trust, as is the reality with many people. You find a man who does not care about the suitor who is righteous in his religion and character, but rather he cares about the suitor who cuts off for him from his daughter's mahr more than others.
This is a matter that it is obligatory for the awliya (guardians) to pay attention to and to know that it is not permissible for them to condition for themselves anything from the mahr, neither the father, nor the brother, nor the uncle, nor any other of the awliya. Even if they condition something for themselves, it belongs to the married woman, because it is compensation for her chastity and enjoyment of her, so no one has authority over it. Yes.
The questioner : May Allah reward you. This questioner, H.H. T., is a Sudanese resident in the Eastern Region, and he says.
The Shaykh : Is it?
The questioner : Is it permissible for a father to take from his daughter's mahr even if she is not willing?
The Shaykh : Yes, it is permissible for a father to take from his daughter's mahr after she has taken possession of it, even if she is not willing, unless doing so would harm her such that she is in need of it and cannot meet her needs and interests without it. In that case, it is not permissible for him to take anything from it, because the need of the self takes precedence over the need of another.
As for when he conditions for himself something from the mahr at the time of the marriage contract or at the time of the proposal, saying to the suitor, "I will marry you to her on the condition that you give me such and such from the mahr," then that is forbidden for him and not permissible, because this leads to daughters being in the position of merchandise in the hands of their fathers, sold where the price is highest and most expensive. And this leads to betraying the trust, as is the reality with many people. You find a man who does not care about the suitor who is righteous in his religion and character, but rather he cares about the suitor who cuts off for him from his daughter's mahr more than others.
This is a matter that it is obligatory for the awliya (guardians) to pay attention to and to know that it is not permissible for them to condition for themselves anything from the mahr, neither the father, nor the brother, nor the uncle, nor any other of the awliya. Even if they condition something for themselves, it belongs to the married woman, because it is compensation for her chastity and enjoyment of her, so no one has authority over it. Yes.
The questioner : May Allah reward you. This questioner, H.H. T., is a Sudanese resident in the Eastern Region, and he says.