What constitutes obstruction (Adhl) in marriage, and what is the ruling regarding the required dower (Mahr)?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 6 · Bab 1

Open in Qurani

Primary text

Obstruction means preventing a woman from marrying a suitable match when she requests it and both parties desire the union. It is irrespective of whether she requests the marriage with the full dower of a peer (mithl) or less. This is the position of Shafi'i, Abu Yusuf, and Muhammad. The evidence is the incident involving Ma'qil ibn Yasar, where the Prophet permitted the marriage even though the guardian initially refused due to a prior divorce. The Prophet also advised a man seeking to marry to "seek even a ring of iron," and approved a woman's marriage for two sandals.

Supporting text

Abu Hanifa holds that the guardian may prevent her from marrying for less than the dower of a peer because this brings shame and harms other women by setting a lower precedent for their dowers. However, the dower is the exclusive right of the woman, and since she could wholly waive it after it becomes due, waiving part of it is permissible.