Thus, when it is known that people are ordinarily willing to give a certain amount for something, that amount is known to be its fair price—the value of the thing and of its equivalent. But if that desire and willingness serve a forbidden purpose, such as making idols, crosses, or the like, then that compensation is forbidden under Islamic law.

Fair compensation under Islamic law is therefore assessed by reference to lawfully stipulated consideration: the stipulation must itself be lawful, meaning permissible. A prohibited stipulation, however, may be prohibited because of the kind of thing involved, such as wine or swine; because the item is intended for a forbidden use, such as grapes for someone who will make wine from them, or a boy for someone who will commit sexual immorality with him; or because the stipulated amount is merely for boasting and ostentation, with no intention of paying it, or harms one of the contracting parties. Examples include dowries that are not intended to be paid and that burden the husband until a specified date, as is the practice of uncouth people among both the Bedouins and settled populations, and similar cases. Such a stipulation is not lawful and therefore cannot serve as a legally valid benchmark for assessing an equivalent where no consideration has been stipulated.

Reflect on this, for it is useful, particularly regarding these burdensome deferred dowries that Allah and His Messenger have forbidden. Some jurists take them as a benchmark in matters such as the requirement that an unmarried woman be married only for her customary dowry. They consequently regard abandoning what Allah has forbidden as contrary to Islamic law, on the grounds that it constitutes the customary dowry—even in cases such as a father arranging the marriage. This, then, is a principle . . . (1)

Once this is understood, people’s desire varies greatly and takes many forms, for it