Is a dower stipulation valid if it depends on the husband's current marital status?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
A stipulation stating the dower is one thousand if the husband has no wife, and two thousand if he has a wife, is valid regarding the naming of the dower. Ahmad explicitly ruled for its validity. The justification is that one amount (one thousand) is definite, and the second amount (two thousand) is a known increase contingent upon a condition. Increases in the dower are permissible. This scenario is valid because the wife has a significant interest in avoiding co-wives, making the condition worthy of financial consideration.
Supporting text
Al-Qadi and Abu Bakr hold two narrations concerning this: one view states the naming is invalid because it resembles conditions in a sale contract which are disallowed. The second view, which is also held by Abu Bakr, affirms validity because the increase is conditional and permissible.