The mahr (dowry) is the right of the wife

 

Assalamualaikum,

I would like to know the Islamic view point of Dowry.  Is it
permisible or is it a sin?  If it is wrong, what should a person do who has taken
dowry?

Praise be to Allaah.

In Islam the mahr (dowry) is one of the rights of the wife,
which is hers to take in total and is lawful for her, in contrast to the widespread
practice in some countries, where the wife is given no dowry. Evidence that the wife must
be given her dowry is found in many places, for example the aayah (interpretation of the
meaning): “And give to the women (whom you marry) their mahr (obligatory bridal
money given by the husband to his wife at the time of marriage) with a good
heart…” [al-Nisaa’ 4:4]

Ibn ‘Abbaas said: “This refers to the mahr (dowry).”

Ibn Katheer, may Allaah have mercy on him, said, summarizing the
comments of the mufassireen on this aayah: “The man must definitely pay the dowry to
the woman, and he should not resent it.”

Allaah says (interpretation of the meaning): “But if you intend
to replace a wife by another and you have given one of them a cantar (of gold, i.e., a
great amount) as mahr, take not the least bit of it back; would you take it wrongfully
without a right and (with) a manifest sin? And how could you take it (back) when you have
gone in unto each other, and they have taken from you a firm and strong covenant?”
[al-Nisaa’ 4:20-21]

Ibn Katheer, may Allaah have mercy on him, said: “This means: if
any one of you wants to divorce his wife and replace her with another, you should not take
anything from what you have already given the first wife, even if it was a huge amount of
wealth. The mahr is given in exchange for the right to enjoy marital relations. For this
reason Allaah says (interpretation of the meaning): “And how could you take it
(back) when you have gone in unto each other…?” The “firm and strong
covenant” is the marriage contract.

Anas ibn Maalik, may Allaah be pleased with him, reported that
‘Abd al-Rahmaan ibn ‘Awf came to the Messenger of Allaah
(peace and
blessings of Allaah be upon him), and there were traces of yellow (perfume) on him. The
Messenger of Allaah
(peace and blessings of Allaah be upon him) asked him about it,
and he told him that he had just married a woman of the Ansaar. The Prophet
(peace
and blessings of Allaah be upon him) asked him, “How much did you give her?” He
said: “Gold equal to the weight of one date stone.” The Messenger of Allaah

(peace and blessings of Allaah be upon him) said: “Give a waleemah (wedding feast)
even if only with one sheep.” (Reported by al-Bukhaari, 4756).

The mahr is the right of the wife, and it is not permitted for her
father or anyone else to take it except with her approval. Abu Saalih said: “When a
man married off his daughter, he would take her mahr away from her, but Allaah forbade
them to do that, and gave women the right to the mahr they received.” (Tafseer Ibn
Katheer).

Similarly, if the wife foregoes any part of the mahr, the husband is
permitted to take it, as Allaah says (interpretation of the meaning): “… but
if they, of their own good pleasure, remit any part of it, take it, and enjoy it without
fear of any harm (as Allaah has made it lawful).” [al-Nisaa’ 4:4]

And Allaah knows best.