What happens if a guardian other than the father stipulates a portion of the dower for himself?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If a guardian other than the father, such as a grandfather, brother, or uncle, stipulates a portion of the dower for himself, that stipulation is void, and the entire stipulated amount belongs to the wife. This is the position stated by Imam Ahmad and the majority of scholars who ruled on the father's right. If the wife stipulates that she will give a portion of her dower to her brother, the dower stipulation remains valid because it is not an additional amount taken from the stipulated dower by the contracting parties, but rather an assignment of her property as a condition.
Supporting text
The reasoning for voiding the condition made by non-father guardians is that if the condition is void, the wife is deprived of a part of her dower due to that condition, rendering the total amount unknown, thus voiding the designation. Conversely, if the dower is assigned to another person (like a brother), it is considered part of her dower, and since it is a stipulated value, the ambiguity is removed, and it is valid.