Unspecified Dowry
Unspecified Dowry

Book:

The book of Marriage -

Chapter:

The Conditions of the Contract

Section:Dower (Sadaq)
Topic/Issue:4022 - Unspecified Dowry --
Agreement:They agreed about the conclusion of Marriage for a determined and specified counter - value, that is, determined as to species and amount by description. They disagreed about dower that is unspecified and undetermined, like one saying, "I have married you for a slave or a servant," without a specification that determines his price or value.
Opinions:
Opinion FromOpinionExplanation
Imam Malik,Imam Abu HanifaIt is permitted. When a marriage takes place in this way, then, according to Malik, she is entitled to an average value of what has been named, while Abe Hanifa said that he is forced to pay the value (whatever it is).Doesn't resemble sale. Intent is for something else i.e affection and being noble
Imam ShafiIt is not permittedIt resembles sale with the intent of being based on bargaining. Just as a sale is not permitted for an unspecified thing, similarly, marriage is not permitted.
Tags :Worship,Marriage, Wali, Dowry, Unspecified
See Also:The Amount
References:2[pg:25]
Last Updated:2011-09-18

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