Questions regarding marriage

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1 month 2 days ago #1039 by Imam Rassi Society
Salam!

I was just wondering if you could give me some clarification on what our texts say about mahr. What is the minimum amount and does it have to be something tangible?

Also, a number of Sunni scholars are of the view that it is permissible to see a woman without her hijab prior to marrying her (I believe with a number of conditions such as her wali being there) - does anything similar exist within our madhab?

Barakallahu feek!

as salamu alaykum wa rahma!

Thank you for your questions!

As for the minimum amount of dowry, our classical texts explicitly say ten dirham. I believe this is roughly equivalent to 31 grams of silver. You would have to calculate that based on your local currency of same value.

As for the permissibly of looking at a potential wife, Imam al-Haadi says in his Ahkaam that a male is permitted to look at that which is permitted for any other non-relative. The woman must observe hijab and he can look at her face only.

And Allah knows best!

IRS

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1 month 2 days ago #1040 by Imam Rassi Society
Salam!

Thank you for that.

Do our texts stipulate that mahr is obligatory or is it just recommended? Also, does the mahr have to be tangible? I have heard of cases amongst Sunnis who have taught Quran to a woman as her mahr as opposed to money.

Barakallahu feek!

Salaams!

Thank you for your questions! According to our fiqh, the mahr is a necessary part of the marriage contract. The mahr has to be something which is fungible, basically something with material value. Non-material things such as service can also be used as mahr based upon the incident in the Qur'an regarding Musa and Shu'ayb, upon them be peace.

As for the narration in which the Prophet, peace and blessings be upon him and his progeny, was purported to have allowed the teaching of the Qur'an as a mahr, if the narration is authentic, our imams say that this narration needs interpretation. It's possible that the judgement was restricted to that sahabi since I know of no other instance where the Prophet allowed it. Imam al-Mu'ayyad Billah (as) said in Sharh at-Tajreed that since it is impermissible to charge for teaching Qur'an, it would therefore be impermissible to have such as a mahr. Besides, the minimum mahr is explicitly stated in authentic reports.

And Allah knows best!

IRS

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1 month 2 days ago - 1 month 2 days ago #1041 by Imam Rassi Society
Salam!

Many thanks for confirming this! Do our texts say that it is necessary for the marriage contract to have witnesses? If so, how many witnesses must there be and must they be male? Is it two males as is this case in Sunni fiqh?

A sister has also asked about the validity of a marriage contract which was overseen by a group of 5-6 women without any men present. Is this valid?

Barakallahu feek!

Salaams!

Yes. It is necessary for there to be witnesses. According to our fiqh, there should be at least two just, male witnesses. This is explicitly stated by the Messenger, peace and blessings be upon him and his progeny, as well as the subsequent imams. Women are permitted to serve as witnesses; however, two take the place of one man and a man must be present among them. That is to say that a man cannot have all female witnesses. This is explicitly stated by Imam al-Haadi (as) in his Ahkaam.

And Allah knows best!

IRS
Last edit: 1 month 2 days ago by Imam Rassi Society.

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