Is the specified dowry (mahr) valid if it is indeterminate?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The specified dowry (mahr) is only valid if it is determined to an extent that permits a sale transaction, meaning its specification must be clear. This position is the chosen view of Abu Bakr and the Madhhab of Al-Shafi'i. The evidence for accepting specification where there is mutual consent, even if slightly indeterminate, is derived from the Prophet's saying: "Al-Ala'iq are those upon which the families agree." Furthermore, since the dowry is consideration in a commutative contract, it must be determined, similar to consideration in sale or lease contracts. The dowry is not analogous to blood money (Diyah) because Diyah is established by divine legislation, not by contract, and its estimation is outside standard analogy.
Supporting text
The view supported by Al-Qadi is that an indeterminate dowry is valid, provided its indeterminacy does not exceed the customary equivalent dowry (mahr al-mithl). This is supported by a report from Ja'far bin Muhammad attributed to Ahmad regarding a man marrying a woman for one thousand dirhams and a servant; if divorced before consummation, the servant is valued at the median based on what a similar servant would render in service. Similarly, this applies if the dowry is a known category like a male or female slave, a horse, or a specific type of textile, where the median value is assigned. Malik holds that an indeterminate dowry is valid because its lack of specification is no greater than omitting specification entirely. Abu Al-Khattab reported that it is valid if the dowry is a specific item from the husband's possessions (e.g., one of his slaves), which can be determined by lot (Qur'ah) if there are multiple items of that category.