Ruling on Setting the Bridal Gift
Machine translationRead the Arabic original
Question:
Our brother has another question. He says: Until very recently, the marriage contract in our area was concluded for two pounds, but now it has become fifty Sudanese pounds. This has caused some social problems among many Muslims who were not convinced by the recent increase. Some insisted on the contract for two pounds and married her, while others married for fifty pounds. Those who married for two pounds considered their marriage invalid, falling under the prohibition of unlawful sexual intercourse. All of this stems from their interpretation of the recent decline in the value of the Sudanese pound. As you know, currencies can fluctuate up or down depending on the economic conditions of countries.
So what do you advise and guide those marriage officers who insist on paying the fifty pounds? They say that a valid contract will be concluded through them, otherwise they will not bear the execution of the contract procedures. Some have already done so and refused. And what, O Noble One, about marriage with the recitation of al-Fatihah or something from the Qur'an in our time? Is it permissible or not?
Answer us, may Allah reward you.
Answer:
There is no fixed limit for the bridal gift in the Shari'ah; rather, it is permissible for it to be small or large. This is because Allah said: [Surat al-Nisa: 24] and did not specify a limit, and the Messenger of Allah (peace and blessings be upon him) did not specify a limit. For this reason, the majority of scholars held that there is no minimum limit and no maximum limit. Whatever the husband and the bride's guardian agree upon is sufficient, even if it is small.
If the bridal gift is established in a tribe or a group of people, or in a village, the husband should adhere to it so that disputes and litigation do not occur. If his wife forgives him afterwards and waives part of the bridal gift, there is no harm. This is because Allah, the Exalted, says: [Surat al-Nisa: 4]. He should adhere to what his community has established so that no dispute arises between him and them. They should agree with her family or her guardian that they will forgive him regarding what is difficult for him in the future. If that is not facilitated, Allah will help him. This is a path in which patience and endurance are required, because of the chastity it provides for the private parts, the lowering of the gaze, and the resulting existence of righteous offspring. He should endure it.
Even if they agree on a small bridal gift, the marriage is valid and not invalid, even if it contradicts the established norm. However, it is not recommended to contradict the established norm, because it causes confusion and dispute between him and his community, and it may lead to much evil. He should adhere to it, then ask his wife or her guardian, or both, to forgive him or help him with what is difficult for him. This is a matter between them, internal, and does not concern the external. The external aspect is only adhering to the established bridal gift so that disputes, litigation, and harm do not occur. Afterwards, he can accept what his wife and her family have forgiven him. Yes.
Our brother has another question. He says: Until very recently, the marriage contract in our area was concluded for two pounds, but now it has become fifty Sudanese pounds. This has caused some social problems among many Muslims who were not convinced by the recent increase. Some insisted on the contract for two pounds and married her, while others married for fifty pounds. Those who married for two pounds considered their marriage invalid, falling under the prohibition of unlawful sexual intercourse. All of this stems from their interpretation of the recent decline in the value of the Sudanese pound. As you know, currencies can fluctuate up or down depending on the economic conditions of countries.
So what do you advise and guide those marriage officers who insist on paying the fifty pounds? They say that a valid contract will be concluded through them, otherwise they will not bear the execution of the contract procedures. Some have already done so and refused. And what, O Noble One, about marriage with the recitation of al-Fatihah or something from the Qur'an in our time? Is it permissible or not?
Answer us, may Allah reward you.
Answer:
There is no fixed limit for the bridal gift in the Shari'ah; rather, it is permissible for it to be small or large. This is because Allah said:
that you seek them [in marriage] with [gifts from] your property
أَنْ تَبْتَغُوا بِأَمْوَالِكُمْIf the bridal gift is established in a tribe or a group of people, or in a village, the husband should adhere to it so that disputes and litigation do not occur. If his wife forgives him afterwards and waives part of the bridal gift, there is no harm. This is because Allah, the Exalted, says:
But if they give up willingly to you anything of it, then take it in satisfaction and ease.
فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْسًا فَكُلُوهُ هَنِيئًا مَرِيئًاEven if they agree on a small bridal gift, the marriage is valid and not invalid, even if it contradicts the established norm. However, it is not recommended to contradict the established norm, because it causes confusion and dispute between him and his community, and it may lead to much evil. He should adhere to it, then ask his wife or her guardian, or both, to forgive him or help him with what is difficult for him. This is a matter between them, internal, and does not concern the external. The external aspect is only adhering to the established bridal gift so that disputes, litigation, and harm do not occur. Afterwards, he can accept what his wife and her family have forgiven him. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.