The Amount
The Amount

Book:

The book of Marriage -

Chapter:

The Conditions of the Contract

Section:Dower (Sadaq)
Topic/Issue:4021 - The Amount --
Agreement:They agreed that it is one of the conditions of validity (of marriage), and an agreement to forgo it is not permitted. They agreed about its amount that it has no maximum limit
Opinions:
Opinion FromOpinionExplanation
Imam Ahmad,Imam ShafiThere is no minimum limit for it, and anything that can be a price or value for a thing may be the dower.It resembles a compensation like other counter values, in which mutual consent is taken into account for small or large amounts, as is the case in sale. This is so, as from the point of view that he (the husband) comes to own her benefits perpetually, it (dower) resembles compensation
Also narration of Sahl b. Sad shows that there is no limit. They said that the words of the Prophet, `Find it, even if it be a ring made of iron', are an evidence that there is no minimum limit for it, and had there been such a limit, he would have mentioned it, as a delay in explanation is not permissible from the time of its need.

Non - fixation is evidenced by the tradition recorded by al-Tirmidhi

Narration of Jabir (RA) is considered weak
Imam MalikThe minimum dower is one-fourth dinar of gold, or three measured dirhams of silver, or what is equivalent to three dirhams, that is, dirhams of measure only,It resembles an act of worship, in which it has to have a fixed time or duration. (By the prohibition of consenting to forgo it by mutual agreement it resembles an act of worship.)

They maintained that the tradition of Sahl b. Sad may have been specific to the man in the case, because of the words of the Prophet, 'I hereby marry her to you with what you have of the Quran'.

The actual number is determined by analogy with the minimum scale for amputation due to theft. The analogy they employed is that it (the female organ here) is a limb that becomes permissible in return for wealth, therefore, it is necessary that it be determined on the basis of amputation (like theft).
Imam Abu HanifaTen dirhams is the minimumNarration of Jabir (RA)
Evidences :1 - Sahih Muslim [# 3316], Hadith of Al-Tirmidhi, Hadith of Jabir [Hide/Show]
Tags :Worship,Marriage, Wali, Dowry, Minimum Amount
References:2[pg:21]
Last Updated:2011-09-18

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