Is stipulating an increase in dower upon a future condition, such as the father's death, valid?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 4 · Bab 1

Open in Qurani

Primary text

Stipulating an increase in the dower contingent upon a condition, such as saying, 'If your father dies, I have increased your dower by one thousand,' is not valid, and the increase is not binding upon the father's death. This is invalid because an increase cannot be validly suspended upon a condition, nor is the second amount known to exist initially to serve as an addition to the first established amount.

Supporting text

This is distinct from the cases where the naming was deemed valid because the condition concerning the father's death is not a matter of benefit or interest for the wife that warrants compensation, unlike avoiding a co-wife or remaining in her home.