What is the ruling when the wife and husband agree upon the amount of the stipulated dower (mahr)?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the spouses agree upon the dower amount, whatever they agree upon is permissible, whether it is little or much, regardless of whether they knew the prompt dower (mahr al-mithl) or not. If the stipulated dower is less than the prompt dower, the wife has the right to claim the remainder unless she accepts the lesser amount. If the husband stipulates a dower equal to or greater than the prompt dower, she has no right to claim anything more if she accepts it. If she does not accept it before consummation, it is not established for her, and she is only entitled to Mut'ah.

Supporting text

Al-Shafi'i held in one opinion that stipulating an amount other than the prompt dower is only valid if the wife knows the prompt dower, because the stipulated amount is a substitute for the prompt dower, requiring the substitute to be known. This is refuted by arguing that if the stipulated amount is more, it is the required amount plus an excess, and if it is less, it is only a part of what is due.