Father using daughter's dowry or children's income
Fatwa No: 82525

Question

Can the father take some of his daughter's Mahar money and use it for his wedding party? Can the father take some of his kid's income if needed?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

It is unlawful for the guardian of the woman to take anything from her dowry unless her guardian is her father and he had stipulated this for him as a condition in the marriage contract, in which case, it becomes permissible for him to take what he had conditioned according to the predominant opinion of the Scholars  may  Allaah  have  mercy  upon  them.

Besides, it is unlawful for the woman's guardian to take a portion of her dowry without forcing her and provided she gives that to him with her consent and out of her own free will. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “The money [property] of a Muslim is not lawful for anyone except with his own consent and will.” [Ahmad and Al-Bayhaqi]

If the father is needy or poor, then his expenses should be paid by any of his sons or daughters who are wealthy; each according to his wealth.

They should also help him get married to keep him chaste or just to help him have someone who serves him provided that he does not have someone to do so or that he has a wife but she does not serve him because of being too old, or too young, or sick.

However, if the father is wealthy or the children are poor, then it is not an obligation on them to do any of the mentioned matters except if they do it as an act of piety or as a way of keeping ties with him.

Allah knows best

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