Community Rules for Weddings

Question

What do the scholars of religion and the muftis of the firm Shari‘a say regarding the following matter: the people of our community have passed the following rules — is this permissible in the pure Shari‘a or not? When a girl is married, jewellery worth three hundred and fifty rupees should be taken from the boy’s side; this jewellery is apart from the mahr, and the right to the jewellery belongs to the husband.

Answer

(1) It is not right to compel anyone to any jewellery; rather, it is necessary to take into account his means and those of the wife. And imposing a monetary fine for any offence is impermissible by the Shari‘a: [ar]والحاصل أن المذهب عدم التعزير بأخذ المال[/ar] “In sum, the madhhab is that ta‘zir (discretionary punishment) by taking property is not applied” (“al-Bahr”, vol.

Source: Fatawa Mahmudiyya

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