Section 3: Bride Price If Not Mentioned in the Marriage Contract
1. Definition, types, and ruling of this kind of marriage contracts:
a) Definition: It refers to marriage contracts that are conducted without stating the bride price.
b) Types: Marriage without stating the mahr is of two types:
i. The first is that in which the woman is married to a man without mentioning the bride price.
ii. The second type is that in which the guardian delegates the woman, her groom, or any third party to specify the bride price.
c) Ruling: The scholars are in consensus that it is permissible to conduct the marriage contract without stating or specifying the bride price. The consensus is reported by al-Kasaanee, Ibn Rushd, al-Qurtubee, Ibn Juzzee, al-Baabartee, al-’Aynee and Ibn al-Humaam.
2. Entitlement of the bride whose bride price is not specified to the bride price and divorce maintenance if the divorce takes place before consummating the marriage:
The wife has the right to both the bride price and maintenance in the event of divorce before consummating the marriage. [85] The 8th section of the chapter of Divorce will discuss the separation between spouses and its impact on the bride price.
3. Entitlement of the bride whose bride price is not specified in the marriage contract to the bride price and divorce maintenance if the husband dies before consummating the marriage:
The majority of scholars hold the view that the wife has the right to a bride price that is similar to that of her peers if her husband dies before consummating the marriage and if her bride price is not specified. This is the view of the Hanafi, Shafi’i, and Hanbali Madhabs and the view of some of the righteous predecessors.
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