Darulifta Ahlesunnat
(Dawateislami)
Question
What do the scholars of Islam say in this regard: I require the answer to
two questions regarding dowry.
1. If a mature and sane woman's marriage takes place with the consent of
her family, and the woman’s father waives the groom’s dowry (Meher) for his
daughter, what does Islamic law say about this?
2. When a woman is close to death or suffering from terminal illness whilst
her husband is alive, her inheritors have her waive her right to dowry, which
she goes on to do. In certain places, the heirs do not make this demand, but
she voluntarily forgives it based on prevailing custom. What is the Islamic
ruling regarding this?
بِسْمِ اللہِ
الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ
الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
The father cannot forgive
the right to dowry of a mature woman. If the father waives it, then as long as
the woman does not accept this with complete satisfaction, the right to dowry
will not be considered forgiven and it will remain obligatory upon her husband.
Even if the woman accepts
her father's waiving, but her satisfaction is not included, her right to dowry
will still not be foregone. If the woman fully accepts her father's waiving with her satisfaction and the husband does not
object to this, then the latter will no longer be obliged to pay dowry.
For dowry to be waived the
consent of the woman is necessary, just as Allah Almighty tells us in the
Quran:
وَ اٰتُوا النِّسَآءَ
صَدُقٰتِہِنَّ نِحۡلَۃً ؕ فَاِنۡ طِبۡنَ
لَکُمۡ عَنۡ شَیۡءٍ مِّنۡہُ نَفۡسًا
فَکُلُوۡہُ ہَنِیۡٓــًٔا
مَّرِیۡٓــًٔا ﴿۴﴾
And willingly give the
women (upon marriage) their dowry; if they then give you (back) a part of it,
consume it therefore wholesomely with pleasure.[1]
Muftī NaꜤīm al-Din Murādābādī
رَحْمَةُ الـلّٰـهِ عَلَيْه explains this verse:
Women have the right to
either gift any portion of their dowry or its entirety to the husband at the
time of marriage. However, they should not be compelled or mistreated in order
to forgo the dowry, as Allah has said طِبۡنَ
لَکُمۡ. This means to forego
with contentment of the heart.[2]
It is necessary for the
remission of the dowry that the woman gives her consent. Compelling her to
waive it forcefully is incorrect, as mentioned in Fatāwā
Ālamgīrī:[3]
وان حطت عن مهرها صحّ الحط كذا فی الهداية ولا بد
فی صحّة حطّها من الرضا حتى لو كانت مُكرَهةً لم يصحّ
The right to remit the
dowry of a mature woman cannot be exercised solely by the father, as elucidated
upon in Fatāwā Shāmī:[4]
(قولہ:وصح حطها ) الحط الاسقاط كما
فی المغرب وقيد بحطها لان حط ابيها غير صحيح لو صغيرة ولو كبيرة توقف عن
اجازتها ولا بدّ من رضاها
Muftī Amjad ꜤAlī al-AꜤẓamī
رَحْمَةُ الـلّٰـهِ عَلَيْه writes:
If a woman waves either a
portion or the entire dowry willingly, it will be considered remitted provided
that the husband does not disapprove. If the woman has not come of age and her
father wants to forgo the dowry on her behalf, he cannot do so. If she is an
adult, her consent will determine whether the remission is valid.[5]
2. If a woman is
terminally ill or in her last moments and she forgoes her dowry on her own, or
if another person makes her forgo it and she affirms
this; the dowry will not be considered forgiven unless other heirs also
consent. If the other heirs accept this remission, then the husband's
obligation to pay the dowry will be waived.
If a woman is terminally
ill, the dowry will not be remitted by her waiving it, as mentioned in Baḥr al-Rāʾiq,[6] Fatāwā
ꜤĀlamgīrī, and Fatāwā
Shāmī:
واللفظ للبحر”ولا بد فی صحّة حطّها من ان لا تكون
مريضة مرض الموت“
Shaykh al-Islam, Imām Aḥmad Razā Khān رَحْمَةُ الـلّٰـهِ عَلَيْه was asked:
Someone’s wife was close
to dying and he asked her, “Have you waived my dowry debt?” She did not respond
verbally due to inability to speak, but instead nodded her head. Will the dowry
be considered remitted or not?
The imam answered, “The
remission of dowry during one’s final moments, without the permission of other
heirs, is not valid.[7]
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ
اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ
وَاٰلِہٖ وَسَلَّم
Answered By: Mufti Abu Muhammad Ali Asghar Attari
Ref No: NOR-12073
Date: 21 ShaꜤbān 1443 AH – 25th March
2022
[1] Al-Quran, 4:4, Translation from Kanz al-Īmān
[2] Tafsīr
Khazāin al- ꜤIrfān,
al-Nisa, verse no: 04, p. 153, Maktabat al-Madina
[3] Fatāwā Ālamgīrī, vol. 1, p. 313, published in
Peshawar
[4] Radd al-Muḥtār maꜤa Al-Durr al-Mukhtār,
vol. 4, p. 239, Published in Quetta
[5] Bahār-i-Sharīʿat,
vol. 2, part 7, p. 68, Published by Maktabat
al-Madina
[6] al-Baḥr al-Rāʾiq, vol. 3, p. 264, Published in Quetta
[7] al-Fatawa al-Razawiyyah,
vol 12, pp. 180, 181, Raza Foundation Lahore
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