Shar’i Ruling About The Money Taken At The Time Of Girl’s Nikah Besides Mahr And Dowry?

Darulifta Ahlesunnat

(Dawateislami)

Question

What do the scholars of Islam and the Muftis of Shari’ah say regarding the following matter:

In some areas, the father or guardian of the girl demands a huge amount of money in exchange for the Nikah of their daughter. This amount is separate to the Mahr and Jahez [dowry], and is not given to the daughter but is taken by the father/guardian themselves in return for giving away their daughter. What is the Shar’i ruling regarding this issue? Please explain.(Questioner: Mumtaz (Tharparkar, Sindh))

بِسْمِ اللہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

The demand of money for giving one’s daughter away in Nikah, and the act of giving one’s daughter away for Nikah in exchange for this money is impermissible and Haram, as it is bribery. Our Beloved Rasool صَلَّى اللهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم has cursed the one taking and the one giving a bribe. Thus, it is narrated by Sayyiduna Abdullah Bin ‘Amr رَضِىَ اللهُ عَـنْهُ that ‘لعن رسول اللّہ صلی اللّہ علیہ وسلم الراشی و المرتشی’Rasoolullah صَلَّى اللهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم cursed both the one who gives a bribe and the one who takes a bribe.’(Abu Dawood, vol. 2, pp. 148)

In another Hadees our beloved Rasool صَلَّى اللهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم has said, ‘ومامن قوم یظھر فیھم الرشا الا اخذوا بالرعب’ And there is no nation in which bribery becomes widespread, except that they are afflicted with terror.’(Mishkat, vol. 2, pp. 656)

Hakeem-ul-Ummat Mufti Ahmad Yar Khan Na’eemi رَحْمَةُ اللهِ عَلَيْه has stated, ’It means the one who takes the bribe is filled with terror and the nation who takes bribes is also afflicted with the fear of other nations, just as these days we are now frightened of disbelievers.(Mirat-ul-Manajih, vol. 5, pp. 338)

It is stated in ‘Aalamgeeri, ‘خطب امراۃ فی بیت اخیھا فابی ان یدفعھا حتی یدفع دراھم فدفع وتزوجھا یرجع بما دفع لانھا رشوۃ’If a proposal of marriage was sent for a woman living at her brother’s home but her brother refused the proposal unless he was given some Dirhams (silver coins), and then that person gave the Dirhams and got married to the woman, he should take the given Dirhams back as it was bribery.’(‘Aalamgeeri, vol. 4, pp. 403)

A’la Hazrat Imam Ahmad Raza Khan رَحْمَةُ اللهِ عَلَيْه has said, ‘If the person giving the money gives it so that the other person gets him married out of greed for the money, then it is bribery and both giving and taking it is impermissible and Haram. Similarly, if the guardians of the woman say, ‘Give us such and such amount of money, and then we will marry her off to you, otherwise we will not’, as is prevalent amongst of ignorant villagers following who have been influenced by disbeliever Hindus, this is also bribery and Haram.(Fatawa Razwiyyah, vol. 12, pp. 284; summarised)

Along with sincerely repenting in the court of Allah, it is also necessary to return the amount taken for this purpose. While explaining this statement of Bahr-ur-Raaiq, (‘لوخطب امراۃ فی بیت اخیھا فابی الاخ الا ان یدفع الیہ دراھم فدفع ثم تزوجھا کان للزوج ان یسترد ما دفع لہ’ If a proposal of marriage was sent for a woman living at her brother’s home but her brother refused the proposal unless he was given some Dirhams (silver coins), and then that person gave the Dirhams and got married to the woman, the husband can take that money back’) Allamah Muhaqqiq Ibn-e-‘Aabideen Shami رَحْمَةُ اللهِ عَلَيْه has said in Minhat-ul-Khaliq,

‘ای قائما او ھالکا لانہ رشوۃ کذا فی البزازیۃ’it means that whether he still has the Dirhams or has consumed it (it can be taken back in either case) as it was a bribe. It is stated like this in Fatawa Bazzaziyah.’(Minhat-ul-Khaliq Ma’ Bahr-ul-Raaiq, vol. 3, pp. 324)

A’la Hazrat Imam Ahmad Raza Khan رَحْمَةُ اللهِ عَلَيْه has said while replying to a similar question; ‘This amount that was fixed (as an exchange for the Nikah) is merely a bribe and is Haraam, neither the food got by this is permissible, nor is charity by it, nor is donating it for the construction of Masjid, rather it is obligatory to return it to the person it was taken from.(Fatawa Razawiyyah, vol. 23, pp. 538)