❀ Is the Father Entitled to His Daughter’s Mahr? Clarification with Sharʿi Proofs ❀
Source: Ahkam wa Masail – Nikah ke Masail, Vol. 1, Page 319
❖ Question
Until recently, women in Nooristan did not know that mahr was their Sharʿi right. Later, when they became aware of this, some scholars issued a fatwa that a girl’s mahr can be taken by her father. They based their view on the following Ahadith:
Hadith 1:
«إِنَّ اَطْيَبَ مَا أَکَلْتُمْ مِنْ کَسْبِکُمْ وَاِنَّ اَوْلاَدَکُمْ مِنْ کَسْبِکُمْ»
(Narrated by al-Khamsah – Mishkat, Kitab al-Buyuʿ, Bab al-Kasb wa Ṭalab al-Ḥalāl)
“The Messenger of Allah ﷺ said: The purest thing you eat is from your own earning, and indeed your children are from your earnings.”
Hadith 2:
«وَلَدُ الرَّجُلِ مِنْ اَطْيَبِ کَسْبِه فَکُلُوْا مِنْ اَمْوَالِهِمْ هَنِيْئًا»
(Narrated by Aḥmad, 6/41)
“A man’s child is from his purest earning, so eat from their wealth with ease and joy.”
Hadith 3:
«اَنْتَ وَمَالُکَ لِأَبِيْکَ»
(Narrated by Ibn Mājah, Abū Dāwūd – Mishkat, Kitab al-Nikah, Bab al-Nafaqāt wa Ḥaqq al-Mamlūk)
“You and your wealth belong to your father.”
Based on these narrations, it was claimed that a father has the right over his daughter’s mahr.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu waṣ-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
When considering these Ahadith, one must also keep in mind the Qur’anic verses regarding inheritance. From them, it is clear that:
◈ Parents have a share in the wealth of their children,
◈ Children have a share in the wealth of their parents,
◈ And children are the rightful owners of their own wealth.
Thus, the belief that parents are absolute owners of their children’s wealth is incorrect. If such an assumption were true, the following consequences would arise:
◈ A father could not become the heir of his child’s wealth, since he would already be considered its owner,
◈ Other heirs, such as the deceased child’s spouse or children, would have no share,
◈ Yet, the Shariʿah gives each heir their prescribed share.
If the father were considered full owner of the child’s wealth, the relationship would resemble that of a master and slave — but Islam does not establish such an ownership between parents and children.
✿ Qur’anic Evidence
﴿وَءَاتُواْ ٱلنِّسَآءَ صَدُقَٰتِهِنَّ نِحۡلَةٗۚ فَإِن طِبۡنَ لَكُمۡ عَن شَيۡءٖ مِّنۡهُ نَفۡسٗا فَكُلُوهُ هَنِيٓٔٗا مَّرِيٓٔٗا﴾
[al-Nisāʾ: 4]
“And give the women their dower with a good heart. But if they, of their own pleasure, remit any part of it to you, then consume it with ease and enjoyment.”
According to one tafsīr, this address is directed towards the awliyāʾ (guardians). The meaning is:
◈ The guardian has no authority over the woman’s mahr.
◈ He cannot take from it without her consent.
❖ Sharʿi Conclusion
Considering all the evidences:
◈ Guardians should not take the mahr of those under their care without their free consent.
◈ Women should treat their guardians kindly, and if they wish, they may willingly give them a part of their mahr.
ھذا ما عندي والله أعلم بالصواب
