What is the dowry entitlement for a Dhimmi woman married to a Dhimmi man when the dowry (mahr) was explicitly negated?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 3

Open in Qurani

Primary text

If a Dhimmi man marries a Dhimmi woman stipulating that she receives no dowry, she has no right to claim any dowry. This position is held by Abu Hanifa. Abu Hanifa's reasoning is that the dowry is an obligation combining the right of Allah and the right of the wife. Since the wife has waived her right, and the Dhimmi is not held accountable for the right of Allah in this context, nothing is due.

Supporting text

The primary view maintains that if the marriage contract is silent regarding the dowry for a Dhimmi woman, she is entitled to the dowry of her equivalent (*mahr al-mithl*). However, there is a narration from Abu Hanifa stating she receives no dowry in this silent case as well.