Is it permissible to keep the rest of the dowry in marriage?
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Question: After fixing the dowry at the time of marriage, it is said that so much money is recovered and so much money is left. Is it permissible to keep the rest of the denomination in this way? I want to know in the light of Quran-Sunnah.
Answer:
Denmohar is one of the conditions of marriage. It is basically an agreement between the bride and groom. It will be acceptable in the eyes of Islam as both the parties agree on it. The amount is less, whatever the cash balance.
So there is no objection in the eyes of the Shari'ah if they agree to keep the whole of the seal in cash or the rest or some part of the seal in cash (usul) and some part left. However, it is obligatory to pay what is left. Because it is the wife's right (debt) on the one hand and the contract on the other. The believer must fulfill the covenant. Violation of the contract is characteristic of hypocrisy. That is why the Prophet (peace and blessings of Allaah be upon him) said:
حِنَّ َّحَقَّ الشُّرُوطِ أَن يُوفَى بِهَا مَا اسْتَحْلَلْتُمْ بِهِ الْفُروجَ
"Of all the conditions that you (marriage contract) have to abide by, the most important are the conditions by which you make a woman lawful." (Sahih and Muslim)
The Prophet (peace and blessings of Allaah be upon him) added:
الْمُسلِمُونَ عَلَى شُرُوطِهِمْ
"Muslims will remain steadfast on the terms made with them." (Tirmidhi: 1352, Abu Dawood: 3594-Sahih)
নয় It is not lawful to fix the seal for non-payment:
It is not lawful to fix a seal for non-payment. Because, it is a loan যা which must be repaid. But nowadays people set a huge amount of money but pay very little. Surprisingly, the determination of huge amount of stamps has become a social fashion. Just as the husband does not feel the need to pay it, so the wife assumes that it is only a matter of writing in the cabinet letter; Not a matter of paying. But it is again considered a trap for the husband, so that the husband cannot divorce his wife for fear of paying this huge amount of money!
But in the eyes of Islam, the low dowry in marriage has been said by the wife to be a blessing for the husband. And it is also easy for the husband to repay this loan.
However, if the wife gives a part of the dowry later, the husband can enjoy it comfortably.
Allaah says (interpretation of the meaning):
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً إۚإ
"And give the wives their dowries as they please. If they are willing to give up part of it, then enjoy it with ease." (Surat an-Nisa ': 4)
Allahu Alam.
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