What is the reference point for determining the 'dower of women of her status' (mahr mithli) for a wife when the dower was not specified?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The primary reference for determining the dower is the dower of her female relatives ('nisa'uha'), specifically her paternal female kin ('asabat'), as narrated in the Hadith concerning Bar'u'. This standard takes precedence because a woman's honor is considered in her dower, and her lineage honor is tied to her paternal relatives. The comparison must be made with women who share similar conditions in terms of religion, intellect, beauty, wealth, virginity/prior marriage status, purity of lineage, and local customs concerning the dower, as the dower is a compensatory replacement for something valuable.
Supporting text
Malik holds that the reference should be women of similar status concerning her completeness, wealth, and nobility, not strictly limited to her relatives, because compensation varies by those factors. There are varying narrations from Ahmad; one suggests only female relatives through her father (paternal residuary heirs), aligning with al-Shafi'i's view. Another suggests relatives like her mother, sister, paternal aunt, or paternal cousin, which is the view of Abu Hanifa. If no exact match exists among her paternal female kin, comparison moves to her other blood relatives (mother, grandmothers, maternal aunts), then women of her town, and finally women of the nearest towns, adjusting the amount based on whether the comparison group is superior or inferior to her.