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[ On a Guardian’s Demanding Money for Himself Apart from the Dowry 1]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18183
Number of views: 1
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[ On a Guardian’s Demanding Money for Himself Apart from the Dowry 1]
Fatwa number: 18183
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Question

Question: Among the Yemeni tribes it is customary for the bride’s father to stipulate money for himself apart from the bride’s dowry; the amount varies by region. What is your view regarding a man who married off his daughters and stipulated money for himself in addition to each daughter’s dowry, and many years have passed—must he return what he took to his daughters’ husbands?

Answer

Answer—and Allah grants success: If the guardian’s stipulation stays within what is needed for hospitality, and what customarily pertains to clothing and jewelry for his daughter, and the like—there is no problem.
But if his stipulation is for himself, apart from the dowry and beyond what we have mentioned, it is not permissible for him to take it except if the payer willingly grants it—because he is taking it without any countervalue other than consenting to the marriage contract, and that consent is an obligation upon the guardian; taking payment for what is obligatory is forbidden.
The man who took such monies in exchange for marrying off his daughters ought to gently seek from their husbands pardon and release for what he took during his heedlessness and ignorance—doing so with kindness and gentleness so that their souls are pleased to forgive and excuse.
This is what should be advised and people encouraged toward—since a person may be unable to repay what he took, especially in these times when livelihoods are scarce.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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