Can the wife's father stipulate a portion of his daughter's dower for himself?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
It is permissible for the wife's father to stipulate a portion of his daughter's dower for himself, and this stipulation is valid, with the entire amount stipulated for him belonging to him. This is supported by the story of the Prophet Shu'ayb (peace be upon him) stipulating service (as dower) for himself, and the hadith stating, 'You and your wealth belong to your father.' If the father takes a portion, the wife retains the remainder of the stipulated dower. If divorced before consummation, the husband reclaims half of what he paid to the wife, but not what he paid to the father.
Supporting text
A minority view, held by Al-Shafi'i and others, states that if the father makes such a stipulation, the named dower becomes void, and the wife is entitled only to the *Mahr al-Mithl*. They argue that stipulating an amount for the father diminishes her dower based on an invalid condition, making the entire designation unknown. Furthermore, if the condition is excessively burdensome (*mujhif*) to her wealth, the condition is void, and the entire dower belongs to her, aligning with the ruling for other guardians.