Section: If he assigns to a woman of the People of the Book as a dowry the teaching of a surah from the Qur'an, it is not permissible, and she is entitled to the dowry of a peer (mahr al-mithl). Al-Shafi'i said: It is valid, based on the saying of Allah the Almighty: {until he hears the word of Allah} (44). Our evidence is that a person in a state of major ritual impurity (junub) is prevented from reciting the Qur'an despite his faith and belief that it is the truth, so a disbeliever is even more so. The Prophet (may Allah bless him and grant him peace) said: "Do not travel with the Qur'an to the land of the enemy, for fear that their hands may reach it" (45). Protecting it is therefore more appropriate to be restricted. As for the verse they used as evidence, it holds no argument for them, for hearing is not the same as memorization. If he assigns as a dowry to her, or assigns to a Muslim woman as a dowry, the teaching of something from the Torah or the Gospel, it is not valid according to both schools of thought; because it is substituted and altered. If a man of the People of the Book assigns to a woman of the People of the Book something of that sort, it is as if he assigned her something prohibited.

Second Section: The dowry is that which they have agreed upon and are satisfied with, based on the saying of Allah the Almighty: {And there is no blame upon you for what you mutually agree to beyond the obligation} (47). The Prophet (may Allah bless him and grant him peace) said: "The marriage gifts are what the families agree upon." It is a contract of exchange, so the satisfaction of the contracting parties is considered, like all other contracts of exchange. If the guardian is the father, then whatever he and the husband agree upon (48) is permissible as a dowry, whether it is small or large, whether she is a virgin or previously married, young or old, as we have previously stated (49). For this reason, Shu'ayb (peace be upon him) gave his daughter in marriage to Musa (peace be upon him), and they set the dowry as the labor of eight years, without consulting the wife. If the guardian is someone other than the father, the consent of both the woman and the husband is considered (50); because the dowry belongs to her, and it is the compensation for her benefit, so it is similar to the rent of her house or the dowry of her slave girl. If the guardian does not seek her permission regarding the dowry, his ruling is the same as that of the absolute agent in a sale.