al-Mawwāz. Several reports have been transmitted from Ibn al-Qāsim on this matter without detailed distinctions. Al-Fadl understood them as expressing differing opinions on his part: on one occasion he held that the father should swear even when he had no authority over the matter, and on another that the virgin should swear even when the father had handled it. On this understanding, there are three opinions on the issue. The soundest on examination is that adopted by Ibn al-Mawwāz. There is no unequivocal transmitted statement supporting the virgin’s taking an oath concerning property matters handled by her father, and this view is difficult to justify. As for the father’s swearing on her behalf concerning property matters he did not handle, this has been reported from Ibn Kinānah and Ibn Nāfi‘. Ibn al-Qāsim rejected it and denied that Mālik—may Allah Most High have mercy on him—had ever said it. Success comes from Allah, glorified and exalted is He.
Section
Specifying the dower is not a condition for the validity of the marriage contract, for Allah has permitted marriage without a specified dower. He, Most High, says:
“There is no blame upon you if you divorce women before you have touched them or specified a dower for them.” [al-Baqarah: 236]
Specifying the dower becomes obligatory only at consummation. So far as I know, the scholars do not disagree that marriage without a specified dower is permissible. They differ, however, concerning a marriage in which determination of the dower is delegated, holding three opinions. The first is that it is permissible by analogy with marriage without a specified dower. The second is that it is impermissible: the marriage must be annulled before consummation, but is upheld afterwards, with a dower customary for a woman of her standing. The third is that it is permissible if the husband is entrusted with determining the dower, [but impermissible if anyone other than the husband is entrusted with it, whether the wife or someone else. Success comes from Allah, glorified and exalted is He.
Section
If we hold that the marriage is permissible, then, if the husband is entrusted with determining the dower], there is no disagreement that the same ruling applies as in marriage without a specified dower. If the husband assigns his wife the dower customary for a woman of her standing, the marriage becomes binding upon her. If he refuses to do so, they are separated, unless he has consummated the marriage, in which case he owes her that customary dower. But if the wife is entrusted with determining the dower, either alone or jointly with someone else, or the husband is entrusted with it jointly with someone else