What is the ruling on the prescribed dowry (mahr) if the father marries his daughter to someone without specifying any dowry?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The father has the right to marry his daughter without specifying a dowry equal to the customary dowry (*mahr al-mithl*), regardless of whether she is a virgin or non-virgin, minor or adult. This is the position held by Abu Hanifa and Malik. The evidence supporting this is the report that 'Umar, may Allah be pleased with him, addressed the people stating that the Messenger of Allah (peace be upon him) did not give a dowry to any of his wives or daughters exceeding twelve *uqiyyah*, which occurred in the presence of the Companions without their disapproval, implying consensus that one may marry her for less than the customary dowry. Furthermore, the primary purpose of marriage is intimacy, companionship, and placing the woman in a status where she is maintained and treated well, not the financial compensation. The father, due to his profound compassion, would not decrease the dowry except to secure these intended purposes of marriage.
Supporting text
Al-Shafi'i is of the opinion that the father does not have this right, and if he contracts the marriage without a dowry, the wife is entitled to the customary dowry (*mahr al-mithl*), as marriage is a contract of exchange, and reducing the value of the exchanged item, like in a sale, is not permitted, constituting negligence regarding her property.