Section 2: Criteria of the Bride Price
1. Money:
The four Madhabs agree that it is valid for the bride price to be anything of value and may be converted into money.
2. Property, benefits, and debts:
a) Property: [81] This refers to the visible and identified items whose ownership can be transferred like real-estate and houses. The four Madhabs agree that it is permissible to request the bride price in the form of a property.
b) Debts: [82] This will be discussed under the topic of delaying the payment of the bride price. The four Madhabs agree that it is permissible to consider the bride price a debt that the groom will pay later.
c) Benefits: It is permissible to make the bride price any type of benefit for which one may charge payment. This is the view of the Shafi’i and Hanbali Madhabs, [83] The Hanbali scholars hold the view that this does not apply to the service of teaching the Quran, be it partially or completely. This is because they consider it an act of worship like fasting. Hence it cannot be used as a bride price. and it is the view of some Hanafi scholars like Muhammad ibn al-Hasan, one of the views within the Maliki Madhab, and it is the view of Ibn Taymiyyah, Ibn al-Qayyim, al-San’aanee, al-Shawkaanee, Ibn ‘Uthaymeen, and the Permanent Committee.
3. Forbidden items: The majority of scholars hold the view that it is invalid to accept the bride price in the form of anything that is ruled as forbidden in Islam, like pork and alcohol. Nonetheless, the marriage contract is deemed valid, and the bride will be entitled to a bride price that is equivalent to that of her peers. [84] Ibn Battaal and Ibn ‘Abd al-Barr reported that there is a consensus that it is invalid. This is the view of the Hanafi, Shafi’i and Hanbali Madhabs and one of the views within the Maliki Madhab. It is also the view of the majority of jurists.
4. Unidentified bride price: The four Madhabs agree that the bride price is invalid if it is unknown. The marriage contract will be, however, valid as the wife will be entitled to receive a bride price that is equivalent to that of her peers.
5. Divorcing the first wife: It is invalid to make the bride price be the divorce of his first wife. Nonetheless, the marriage contract is deemed valid, and the bride will be entitled to a bride price that is equivalent to that of her peers. This is the view of the Hanafi and Hanbali Madhabs and the view of Ibn ‘Uthaymeen. Ibn Qudaamah attributed this view to the position of most of the jurists.