Part 5

This proof is objected to because it is not proper to use it as an evidence because it is a weak hadith. Even assuming that it were authentic, a pair of shoes sometimes was worth more than ten dirhams, so there is no evidence in this hadith concerning this disputed matter.”

A fourth piece of evidence is what is recorded by al-Daaraqutni on the authority of Jaabir who said, “We used to get married during the lifetime of the Messenger of Allah (peace be upon him) with a handful of foodstuff [as the dower].”3

Those who say that anything that can be called a “thing” is acceptable as a dower even if it bea barley seed, that is, those of the fourth opinion, use as a proof what has been narrated from Sahl ibn Saad al-Saaidi that a woman came to the Prophet (peace be upon him) and said, “O Messenger of Allah (peace be upon him), I offer myself to you...” The hadith states that the Prophet (peace be upon him) said, “Seek something.” The man answered, “I do not find anything.” He told him, “Seek, even if it just be a ring made of iron.”4 The statement, “Seek something,” encompasses anything that may be called a thing, evena barley seed.5

' Sunan al-Tirmidbi, vol. 3, p. 420, #1113, the Book on Marriage, Chapter on what has been narrated concerning the dowers of women; ibn Maajah, #1888, chapter on the dower from the Book on Marriage. Its chain contains Aasim ibn Ubaidullah ibn Aasim ibn Umar ibn al-Khattaab who is a weak narrator, as stated in a/-Tagreeb. It is stated in Buloogh al-Maraam, after stating that al-Tirmidhi called it sabzb, that alTirmidhi is opposed in that matter. [Also according to al-Albaani, this hadith is weak. See Muhammad Naasir al-Deen al-Albaani, Dhaeef Sunan al-Tirmidhi (Beirut: alMaktab al-Islaami, 1991), p. 129—Jz]

5 Abkaamn al-Quran by al-lassaas, vol. 3 pe, 88-89.

Sunan al-Daaraquini, vol. 3, p. 24 , hadith #4, Chapter on the dower. In a/- Taleeq al-Mughni, printed along with Sunan al-Daaraqutni, it states, “Its chain contains Yaqoob ibn Ata ibn Abi Ribaah al-Makki, who was declared weak by Ahmad. Abu Haatim called him ‘not strong.’” Abu Dawood records virtually the same wording (hadith #2110) from the narration of Abu al-Zubair on the authority of Jaabir, as a slatement of Jaabir. However, that chain is also defective.

That hadith was discussed earlier. Al-Muballa, vol. 11, p. 97; Nail al-Autaar, vol. 6, p. 167.

The Figh of Marriage

This argument is refuted because shortly after that, the Messenger of Allah (peace be upon him) stated, “Seek [something], even if it just be a ring made of iron.” In these words, the Prophet (peace be upon him) was expressing one of the smallest things that he could get. However, even a ring made of iron has some value to it and it is definitely more costly than a barley seed.!

The fifth opinion states that the dower is valid as long as it is something of value, either material or non-material. This is the opinion with the strongest evidence. It is the opinion that combines all of the proofs available. It is also consistent with the proper shareeah meaning of the dower, in that the purpose of the dower is not simply an exchange of wealth. Instead, it is meant to be a token of the man’s wanting that woman and the sincerity of his intention in coming together with her. This is usually conveyed by giving some type of wealth. However, it may be with anything that has value as long as the wife agrees to it.

In Zaad al-Maad [by ibn al-Qayyim], it states”,

In Sunan al-Nasaai> it is recorded that Abu Talha proposed to Umm Sulaim. She said to him, “By Allah, O Abu Talha, someone like you is not turned down. However, you are aman who isa disbeliever and I ama Muslim woman. It is not permissible for me to marry you. If you embrace Islam, that you will be my dower and I will not ask for anything besides that.” Then he embraced Islam and that was her dower. Thaabit said, “We never heard of any woman who had a more honorable dower than Umm Sulaim. He consummated the marriage and she bore a child for him.”

This hadith implies that there is no minimum value for the dower. A handful of fine flour, a ring made of iron and a

5 Nail al-Autaar, vol. 6, p. 167. 3 Vol. 5, p. 178 of the Muassasah al-Risaalah edition.

Sunan al-Nasaai, vol. 6, p. 114, #3340 and 3341, the Book of Marriage, Chapter on getting married on the condition of Islam. The essence of the story can be found in the two Sabibs [of al-Bukhari and Muslim], although they contain a different narrative.

The Figh of Marriage

pair of shoes may all be acceptable as the dower and by which the wife becomes legal. The hadith also indicates that if a woman is pleased to accept the knowledge of her husband [that he will impart to her] and what he has memorized of the Quran or part of it as her dower, this is permissible. The benefit that she gets from his knowledge of the Quran and other knowledge will be her dower. Similarly, a slave master may designate the freeing of a slave-girl as her dower, in which case she benefits from her freedom and her possessions as her dower. This is what Umm Sulaim chose when she chose benefiting from Abu Talha’s embracing of Islam. She would give herself to him if he were to embrace Islam and that was more beloved to her than any wealth that a husband spends. All of this is permissible because the dower has been instituted, in essence, as aright of the woman for her to benefit from.

If she is pleased to accept a person’s knowledge, piety, embracing of Islam or his reading of the Quran, sucha dower is from the most virtuous and beneficial types of dower, And the contract will not be void of a dower. Where is the ruling found in the texts [of the Quran and sunnah] that the dower must be at least three or ten dirhams? Analogy points to the soundness of the dower being any of the items that we have stated as well as the texts point to them.

The woman [who accepts such a dower] and the woman. who gave herself to the Prophet (peace be upon him) are the same. The woman who gave herself to the Prophet (peace be upon him) did so without a guardian or dower, and this was a special privilege for the Prophet (peace be upon him) only. Our case is different. We marry with guardians and a dower. Even if the dower is not wealth, the woman can make it something else as she will be

‘The Figh of Marriage

teceiving wealth in the form of maintenance. She does not give herself freely to the man like she might give part of her wealth as a gift. This is different from the case of the woman who gave herself to the Prophet (peace be upon him) and that was a special ruling for the Prophet (peace be upon him). Such is the necessary implication of those hadith.

Some differ with respect to part of that and they say that the dower must be wealth and it cannot simply be something that one can benefit from, such as the man’s knowledge or his teaching. This is the view of Abu Hanifah and one narration from Ahmad. Some say that the dower must be at least three dirhams, like Malik’s statement. Others, like Abu Hanifah, say ten dirhams. There are yet other strange opinions. However, none of them has any evidence for them from the Quran, sunnah, consensus, analogy or the statement of a Companion.

Anyone who claims that the hadith we mentioned are particular for the Prophet (peace be upon him) or have been abrogated or that the practice of the people of Madinah is in opposition to them, such arguments have no basis to them and the principles [of legal reasoning] refute those arguments.

In fact, the leader of the people of Madinah during the time of the Followers, Saeed ibn al-Musayyab, married his daughter off for just two dirhams. No one objected to that. Indeed, they considered that one of his virtues. Abdul Rahmaan ibn Auf got married with a dower of five dirhams and the Prophet (peace be upon him) approved of that. And there is no way to affirm any particular amount for the dower except from the one who received the revelation containing the shareeah.

‘The Figh of Marriage

Extravagant Dowers: The Causes, Results and Ruling

The dower is an obligatory right for the woman. The shareeah has made it an obligation as a token of the man’s interest in the woman. It is one of the signs of love and a bond of compassion and mercy. It is an unavoidable obligation concerning which the man has no option but to give it. It is given as a sign of respect for his betrothed and a gesture to her honor, preciousness and esteem. Allah says in the Quran,

Cs lhe oho 6 KI Gob by tbe Ge ath Ty

“And give the women [upon marriage] their dowers graciously. But if they remit a portion willingly, then take it in satisfaction and ease” (a/- Nisaa 4).

This does not mean that a woman is a piece of merchandise to be bought or sold. Instead, the dower is a token for her honor and esteem. It takes into consideration the woman’s natural desire for items of pleasure and her eagerness for adornments. Furthermore, the giving of wealth indicates the husband’s intent upon fulfilling his responsibilities and attending to her rights.

Islam awoke the people to consider the dower as a token and not as a price for the woman. Islam also exhorted the people not to be extravagant with respect to the dower and to go beyond the proper limits since, after all, the dower is not actually a goal in itself.

The Messenger of Allah (peace be upon him) was the excellent example. On this particular issue, he established for the Muslim nation a splendid practice, so that the reality of the matter would be well established in the sincere and thoughtful society and that the spirit of ease and simplicity would be well-known among the people. His (peace be upon him) simplicity when it came to the dower of his daughters is an obvious indication that he wanted to spread that understanding among

The Figh of Marriage

the people. Ibn Abbaas narrated that when Ali married Fatimah, the Messenger of Allah (peace be upon him) told Ali, “Give her something.” He replied, “I do not have anything.” The Messenger of Allah (peace be upon him) said, “Where is your smashed armor plate?” He said, “I have it.” So the Messenger of Allah (peace be upon him) said, “Give it to her.”