What is the dowry entitlement for a Dhimmi woman married to a Dhimmi man when the dowry was not mentioned in the contract?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 3

Open in Qurani

Primary text

When a Dhimmi man marries a Dhimmi woman without specifying any dowry, she is entitled to the dowry of her equivalent (*mahr al-mithl*), both before and after consummation, similar to the ruling for Muslim marriages. This is the position of Al-Shafi'i. The evidence for this is that this marriage is one concluded without any specific dowry designation, thus the *mahr al-mithl* becomes obligatory for the woman, just as it is for a Muslim woman, to prevent her from being treated like one whose status is ambiguous or permissible without obligation. This rationale applies equally to the Dhimmi.

Supporting text

Abu Hanifa holds two differing narrations concerning silence on the dowry: one stating she receives no dowry, and another stating she receives the dowry of her equivalent.