What is the ruling on giving the guardian the authority to waive the dowry in marriage?

Source: Fatawa Aman Puri by Sheikh Ghulam Mustafa Zahir Aman Puri


Question:​


What is the ruling on imposing the condition at the time of marriage that the right to forgive the dowry will be held by the girl's guardian?

Answer:​


This condition is invalid. In Sharia, the ownership of the dowry belongs to the girl; she can either receive the dowry or forgive it. Therefore, it is not permissible for one person to give another person’s right, unless the rightful owner delegates their right to someone else.
❀ Sayyida Aisha (may Allah be pleased with her) reports that the Messenger of Allah (peace be upon him) said:
"What has happened to some of you who impose conditions that are not found in the Book of Allah? Any condition that is not in the Book of Allah is invalid, even if there are hundreds of such conditions."
Reference: (Sahih Bukhari: 2560, Sahih Muslim: 1504)
 
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