Ruling on paying part of the mahr to the people of the village if the husband is from outside it
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A group of listening brothers asked this question: The people of our village have a custom which is: when a man marries his ward to a man from outside the village, the people of the village take a specific amount from the guardian of the bride, which they call "mukassar." What is the ruling on what they do? May Allah reward you with good.
Answer: They have no right to compel him to do so. They have no right to compel the woman's guardian to pay the "mukassar" or anything else. Rather, her mahr belongs to her. The only guardian who has the right to take from it is her father, and he may take from his daughter's mahr whatever does not harm her. As for the rest of the guardians, they have no right to the mahr. Rather, the entire mahr belongs to the woman. He has no right to give the tribe anything from it, whether it is called "mukassar" or otherwise. However, if the woman permits it for a legitimate Shari'ah interest, such that the people of her land take from her mahr what they are accustomed to taking for the benefit of the poor or for other interests for the benefit of the village, and she consents to it while being of sound mind, then there is no harm in that. As for taking from her mahr without her consent, or taking something from her mahr while she is not of sound mind—being a minor who is not of sound mind, or not of sound intellect—then that is not allowed. She must be of sound mind, possessing intellect and sound judgment, and be able to manage her wealth properly. If she permits something from her mahr for the benefit of the tribe that her people see, or for the benefit of the poor, or for other permissible Shari'ah matters, then there is no harm. Yes.
The presenter: May Allah reward you with good.
Answer: They have no right to compel him to do so. They have no right to compel the woman's guardian to pay the "mukassar" or anything else. Rather, her mahr belongs to her. The only guardian who has the right to take from it is her father, and he may take from his daughter's mahr whatever does not harm her. As for the rest of the guardians, they have no right to the mahr. Rather, the entire mahr belongs to the woman. He has no right to give the tribe anything from it, whether it is called "mukassar" or otherwise. However, if the woman permits it for a legitimate Shari'ah interest, such that the people of her land take from her mahr what they are accustomed to taking for the benefit of the poor or for other interests for the benefit of the village, and she consents to it while being of sound mind, then there is no harm in that. As for taking from her mahr without her consent, or taking something from her mahr while she is not of sound mind—being a minor who is not of sound mind, or not of sound intellect—then that is not allowed. She must be of sound mind, possessing intellect and sound judgment, and be able to manage her wealth properly. If she permits something from her mahr for the benefit of the tribe that her people see, or for the benefit of the poor, or for other permissible Shari'ah matters, then there is no harm. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
