What are the types and definitions of 'Tafwid' (delegation) in marriage concerning the dowry or intimacy?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
A woman married without a dowry is termed 'Mufawwada' (with the *waw* vocalized with a *kasra*, implying she is the active agent, or with a *fatha*, implying agency transferred to her guardian). Tafwid generally means neglect, as the matter of the dowry was neglected by not naming it. Tafwid is of two types: Tafwid al-Bud' (delegation of intimacy) and Tafwid al-Mahr (delegation of dowry). Tafwid al-Bud' refers to the general situation where the dowry is unstated, and this is what the term 'Tafwid' primarily denotes. Tafwid al-Mahr is when the dowry is left to the judgment of one of the spouses or a third party, such as saying, 'I marry you for whatever you wish,' or 'according to your judgment,' or 'according to my judgment,' or 'according to her judgment,' or the judgment of a third party.
Supporting text
In cases of Tafwid al-Mahr, the wife is entitled to Mahr al-Mithl, according to the apparent view of Al-Kharqi, because she did enter marriage with a dowry, but it was an unknown amount, thus rendering it void and necessitating Mahr al-Mithl. The correct delegation (Tafwid) occurs when a woman with full authority permits her guardian to marry her without a dowry or by delegating the amount, or when her father does so. If a guardian other than the father marries her without mentioning a dowry and without her permission, Mahr al-Mithl is obligatory.