An unspecified set of gold as Mahr
Fatwa No: 90563

Question

There is a certain instance whereby a Muslim man married a Muslim woman and the dowry was supposed to be a set of gold (i.e. earrings, bangles and necklace). These couple are now divorced before the dowry was given to the woman. As the value of the set of gold was not specified, there is now a dispute on what is to be paid to the woman. (There are two types of gold sets one is 20,000 Ksh and the other is 140,000 Ksh) the man says that he meant that of 20,000 while the woman says that of 140,000. Please shade light on how we can judge on this?

Answer

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

 

The scholars  may  Allaah  have  mercy  upon  them have different opinions regarding the husband and wife disagreeing on the dowry while none of them has evidence to prove his/her claim. The correct opinion is that both of them are called for an oath; if one of them refuses then the claim of the other is approved, if both of them swear then a dowry similar to those women, who are the wife's relatives and in her position, is imposed on the husband.

The same ruling applies to solve the dispute over the gold set; both the husband and wife have to swear that the price of the gold-set was so and so. If one of them swears and the other refuses, then the verdict is given in the favor of who swears against who refuses. If both of them swear then the price of the gold-set, which suits to the dowry of the women, who are the wife's relatives and who hold the same social rank is decided.

In short, the dowry similar to the dowry of the women, who are the wife's relatives in the same rank, is decided if both the husband and wife swear or refuse. However, a wife is not granted, in this case, more than her claim and less than the husband's acknowledgement.

Finally, we advise you to take the matter to an Islamic court if it is available or to the Imaam of your area or to the leader of Muslim community, if you are living in a country where there is no Islamic court.

Indeed, such cases are in need of Islamic judicial authorities who can solve the problem and not mere Fatwa.

Allaah Knows best.

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