What forms of consideration may be valid as Mahr (dowry)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
Any consideration that is valid as a price in a sale or rent in a lease, whether it be a physical object, a debt, immediate, or deferred, regardless of amount, and including the usufruct of a free person or a slave, may be designated as Mahr. Malik and Al-Shafi'i hold this view. Evidence includes the narration reported by Al-Daraqutni, citing the Prophet, peace be upon him, stating: "Marry off the unmarried, and pay the 'Ala'iq." When asked about 'Ala'iq, he responded: "That which the families agree upon, even if it is a single branch of an Araak tree." Furthermore, the verse Quran 28:27 demonstrates the permissibility of exchanging usufruct for marriage: "I intend to marry you to one of these two daughters of mine on condition that you hire yourself to me for eight years."
Supporting text
Abu Hanifa maintains that the usufruct of a free person cannot constitute Mahr because it is not considered property, citing Quran 4:24 which speaks of seeking women in marriage with property. However, this is refuted by the argument that usufruct, being permissible to be exchanged for consideration in leasing, should also be permissible as Mahr, similar to the usufruct of a slave. If it is not considered property, it has nevertheless been treated as property in transactions, so it should be treated as such in marriage contracts.