1197 - Issue: He said: "And if the woman is adult and rational, or a minor whose father has concluded a contract for her, then whatever dowry they agree upon is valid, provided it is something that has a half which can be determined."

There are three sections to this issue:

First: The dowry is not limited, neither in its minimum nor its maximum; rather, whatever is considered wealth is permitted to be a dowry. This is the opinion of al-Hasan, 'Ata', 'Amr ibn Dinar, Ibn Abi Layla, al-Thawri, al-Awza'i, al-Layth, al-Shafi'i, Ishaq, Abu Thawr, and Dawud. Sa'id ibn al-Musayyib married off his daughter for two dirhams and said: "If he had given her a whip as a dowry, it would have been lawful." On the authority of Sa'id ibn Jubayr, al-Nakha'i, Ibn Shubruma, Malik, and Abu Hanifa: it is limited to a minimum. Then they differed; Malik and Abu Hanifa said: The minimum is that which necessitates the penalty for a thief. Ibn Shubruma said: Five dirhams. On the authority of al-Nakha'i: forty dirhams. Also from him: twenty. Also from him: a ratl (pound) of gold. On the authority of Sa'id ibn Jubayr: fifty dirhams. Abu Hanifa argued using what was narrated from the Prophet (peace and blessings of Allah be upon him) that he said: "There is no dowry less than ten dirhams" (1). And because it is a means of making a limb lawful, so it is limited like that which necessitates the penalty for a thief. Our argument is the statement of the Prophet (peace and blessings of Allah be upon him) to the man he married off: "Do you have anything you can give her as a dowry?" He said: "I find nothing." He said: "Search, even for an iron ring." It is agreed upon (2). On the authority of 'Amir ibn Rabi'ah, a woman from the tribe of Banu Fazarah married for two sandals, and the Messenger of Allah (peace and blessings of Allah be upon him) said: "Are you satisfied with yourself and your wealth for two sandals?" (3) She said: "Yes." So he permitted it. Reported by Abu Dawud and al-Tirmidhi (4), who said: A Hasan Sahih (good and authentic) hadith. On the authority of Jabir, the Messenger of Allah (peace and blessings of Allah be upon him) said: "If a man gives a woman a dowry the size of his handful of food, it is lawful for him." Reported by Imam Ahmad in al-Musnad (5).