What is the ruling on marriage and intercourse if the suitor cheated regarding the dowry, such as by giving counterfeit money, or claiming to have fulfilled a condition that he did not? And is the contract annulled when the wife finds out?
It is permissible for the mahr (dowry) to be a tangible asset, such as money, or a usufruct, such as teaching the Quran. If the mahr is validly specified, it becomes due to the wife upon the marriage contract and becomes confirmed upon consummation. The wife may withhold herself until the prompt portion of the mahr is paid to her, or until a defective mahr is replaced. If the mahr is a usufruct, it is permissible to delegate another person to perform it if the husband commits to providing the usufruct himself or through another. However, if he commits to performing the service directly himself, he may not delegate it. The mahr does not affect the validity of the marriage, and the marriage is not dissolved by the invalidity of the mahr or by withholding its delivery. If the specification of the mahr is invalid, the wife is entitled to the mahr al-mithl (a dowry equivalent to that of women of her status). If the woman stipulates conditions that do not violate Islamic law and do not contradict the essence of the contract, then these conditions are valid. If the husband does not fulfill the condition, the marriage is not invalidated, but the wife has the option to annul the marriage if she wishes.
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- Original fatwa ID
- 189050
- Imported
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