FatwaFederal TerritoriesMarriage & Family
AL-KAFI #1195: BOLEHKAH AKAD NIKAH TANPA MENYEBUT MAHAR?
Is it obligatory to state the dowry (mahr) during the marriage contract, and is a contract without mentioning it valid?
Short answer
The dowry is not a pillar of marriage, so stating it during the contract is not obligatory and a contract without it remains valid.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The dowry is not a pillar of marriage, so stating it during the contract is not obligatory and a contract without it remains valid. The dowry must still be paid and becomes a debt owed by the husband. Even so, stating and clarifying it is strongly encouraged to avoid later disputes and as a sign of honouring the wife. Some Shafi'i scholars regard stating it as recommended, while others regard omitting it as disliked.
Written in our own words from the original fatwa — check the source before acting on it.
Sekiranya mahar tidak disebutkan dalam akad, pernikahan tetap sah di sisi syarak.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #1195: BOLEHKAH AKAD NIKAH TANPA MENYEBUT MAHAR?”, 7 April 2019. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3273-al-kafi-1195-bolehkah-akad-nikah-tanpa-menyebut-mahar. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/marriage-contract-without-stating-dowry/