Is it permissible for the suitor to stipulate to the guardian of the fiancée a specific weight of gold, or to take money from him?
There is no objection to the suitor stipulating that the fiancée possess jewelry or wealth, and he has the right to annul the contract if this condition is not met. However, it is not permissible for him to take money from the wife or her guardian in exchange for this condition.
As for the husband stipulating that the woman adorn herself with jewelry of specific characteristics from her dowry, or that the guardian return what was taken to purchase the jewelry, it appears that there is no objection to this, and he has the right to this condition; because the husband has a right for the woman to adorn herself for him, and to avert any shame that might befall him if his wife is without jewelry.
Some scholars obligate the wife to prepare furnishings for her husband with what she has received from her dowry. Al-Haskafi narrated from Al-Zahidi in Al-Ghunya: that if the wife is presented to the husband without furnishings befitting him, he has the right to demand cash from the father.
The Malikis obligate the woman to prepare furnishings with what she has received from her immediate dowry.
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- Ftawy
- Original fatwa ID
- 75601
- Imported
- Translation status
- Source text, unreviewed
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