ʿiṣmat al-nikāḥ – the ʿayn is read with kasra and the ṣād is silent. The verb ʿaṣama means “to protect or prevent,” and the noun is ʿiṣma (protection). The exegetes say about the verse, “And do not hold on to the bonds (ʿiṣam) of disbelieving women” (Q 60:10) that ʿiṣam is the plural of ʿiṣma, which is what a person relies on for protection; here it refers to the marriage contract.
Points derived from the hadith
1 – The hadith indicates that if a woman is married for a dowry (the mahr), a ḥibāʾ (a gift given to one of her relatives), or an ʿidda (something the husband promises even though he has not yet produced it), and these three—or anything similar by way of gifts and presents—are offered before the marriage contract is concluded, then they belong exclusively to the bride, even if they are named for someone else among her relatives, because they were only given on account of the anticipated marriage.
2 – Whatever is presented after the marriage contract to someone other than the bride—her father, brother, uncle, or any other relative—belongs to the person to whom it is given. The contract is complete, and there is no longer any incentive to curry favor. Honoring one’s in-laws is customary, commendable, and encouraged, for they have become kin, and maintaining kinship ties is prescribed.
3 – The practice found among some tribes whereby the bride’s guardian keeps her dowry and deprives her of it is unlawful. The groom may not hand it over to him, nor may the guardian—if he is not the father—take it and treat it as his own property. This custom is strictly prohibited and highly reprehensible. The authorities must first educate people about its prohibition and then compel them to abandon it.
4 – The scholars permit the father to stipulate something from the dowry for himself. Al-Sharḥ al-Iqnaʿ states: “The woman’s father may stipulate part of her dowry for himself, even the whole of it,” because the Prophet ﷺ said, “You and your wealth belong to your father,” and he ﷺ also said, “The purest of what you consume is from what you earn, and your children are part of what you earn.” Reported by Abū Dāwūd and al-Tirmidhī, who graded it ḥasan.