Is it permissible for a guardian to contract a marriage for a minor or insane person with a dower exceeding the customary dower (Mahr al-Mithl)?
General Chapter
Al-Mughni
Book of Marriage
Primary text
It is not permissible for a guardian to contract a marriage for a minor or an insane person with a dower exceeding the customary amount (Mahr al-Mithl). This is because the excess constitutes a compensation concerning the rights of another, and exceeding the equivalent compensation in such a matter is invalid, similar to selling another's property. This is the established position of Al-Shafi'i. However, it is established that a father may marry off his daughter without the customary dower if he sees an advantage in doing so, making the expenditure of money justified, similar to expenses for medical treatment, or even more so. This is because a woman usually only consents to marry an insane man if she receives more than the customary dower, which becomes necessary to secure the match, unlike the case with a female minor.
Supporting text
In contradiction to the above ruling, it is stated that the sound legal reasoning suggests a father may marry off his daughter without the customary dower because he perceives a benefit in it, allowing him to expend money, similar to medical expenses. Furthermore, the necessity is greater here because a woman typically only agrees to marry an insane man with an excess dower, making it necessary to offer it, unlike the situation with a female minor.