Is it permissible to agree with the woman's guardian that the "shabakah" (engagement gift) be the Mahr (dowry), or that a part of it be taken in cash as Mahr, and then stipulate the deferred Mahr as a condition upon divorce or death, and not as Mahr, knowing that one's heart inclines towards the opinion of those who expedite the deferred Mahr, and current circumstances do not allow for its payment?
It is permissible for the dowry to be a jewelry set or cash. There is no maximum limit for the dowry by consensus, nor is there a minimum limit according to the most authoritative opinion. It is permissible to agree with the woman's guardian that the deferred dowry is not due except upon death or divorce, due to the general meaning of the Prophet's saying, "Muslims are bound by their conditions, except for a condition that forbids what is lawful or permits what is unlawful," and his saying, "The most deserving of conditions to be fulfilled are those by which you make intimate relations lawful." Also, custom takes the place of a condition.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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