Book of the Dowry
(1) It is recommended that the dowry be kept modest and that it be specified in the marriage contract. Anything that can lawfully serve as a price may serve as a dowry, however small. If he sets as her dowry the teaching of the Quran, it is not valid; teaching her jurisprudence, etiquette, or permissible poetry, however, is acceptable. Likewise, if he makes her dowry a permissible, clearly defined benefit—such as tending her sheep for a month—it is valid. A promise to divorce her co-wife or the like is not, and in that case she is entitled to the customary dowry of women of her rank.

If he stipulates one thousand should he have no other wife and two thousand should he have one, the stipulation is valid. It is not valid to say, “Two thousand if her father is dead and one thousand if he is alive.”

Postponing all or part of the dowry is permissible; if no term is set, it becomes due upon an irrevocable separation. Should he assign as dowry something usurped, a pig, or the like, she is owed the customary dowry instead. If the lawful item given as dowry proves defective, she may choose between accepting a proportionate compensation for the defect or taking its full market value.

A dowry of one thousand for the bride and one thousand for her father is valid; the father acquires his share upon taking possession of it. If the additional sum is stipulated for someone other than the father, the entire amount belongs to the bride.

A father may marry off his daughter for less than her customary dowry, even if she objects. If someone other than her father does so with her permission, the marriage is valid; without her permission, the husband must pay the shortfall. (3) If a father marries off his minor son for more than the customary dowry, the contract is valid and the son is liable for it—even if he is insolvent—unless the father personally guarantees the amount.