What is the ruling if the husband stipulates that there shall be neither an initial nor a deferred dowry?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The marriage contract is valid even if the husband states, 'I marry you without dowry, now nor deferred.' This is because its meaning is identical to stating 'I marry you without dowry,' which is established as valid. Therefore, what is valid in one of two equivalent statements must be valid in the other.
Supporting text
Some Shafi'i scholars hold this specific phrasing invalid, comparing the wife to one who is 'gifted' (Mawhubah). This view is incorrect because the condition negating the dowry leads to the establishment of the customary dowry (Mahr), whereas the concept of being 'gifted' (where the contract itself is flawed) is distinct.