Chapter
A wife’s marital rights may validly be left unspecified: for a man to marry off his daughter over whom he has legal authority, or for a woman to authorize her guardian to marry her off without a dowry, …
His statement, “A wife’s marital rights may validly be left unspecified”: This section is known as the section on the woman whose marital rights are left unspecified. There are two types of unspecified marriage arrangement:
First: leaving the marital rights—that is, sexual relations—unspecified. This is where a man marries off his daughter over whom he has legal authority, or a woman authorizes her guardian to marry her off without a dowry; that is, without stipulating a specified dowry. It is as though the guardian has entrusted the husband with this woman’s marital rights without mentioning their compensation.
His statement, “for a man to marry off his daughter over whom he has legal authority”: It should be noted regarding the words “over whom he has legal authority” that, according to the sounder view, there is no compulsion. However, according to the school of law, it has previously been stated that a father may compel his virgin daughter.
His statement, “or for a woman to authorize her guardian to marry her off without a dowry”: The marriage contract is valid, but she must be legally competent. For example, a man says to another, “Marry your daughter to me.” He consults the daughter and she agrees, so he says, “I marry my daughter to you,” and the other replies, “I accept.” They have not mentioned the dowry. This is called leaving the marital rights unspecified, and it may occur in practice. Its benefit is that some people may feel embarrassed to ask a suitor, “How much will you give me as a dowry?” So, out of esteem and respect for him, he marries her off without discussing the dowry at all. She is then entitled to the customary dowry. The evidence for this is the saying of Allah, Most High:
“There is no blame upon you if you divorce women before consummating the marriage or stipulating for them an obligatory bridal gift.” [Quran 2:236]
Thus, Allah has permitted us not to stipulate an obligatory bridal gift for them, and this is leaving the marital rights unspecified. If consummation takes place before the dowry is stipulated, then the due dowry is the customary dowry; but if he divorces her before consummation, she is entitled to a consolatory gift.