What is the ruling on making a list of furniture and making it a basic thing in marriage? Does it replace the dowry? What should be written in this list? Is it for all what the flat will contain or what exactly?
I need the answer as soon as possible please. My marriage may fail because of this list and its contents.
Praise be to Allaah.
The mahr or dowry is essential in marriage, because Allaah
says (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”
i.e., it is an obligation.
And the Prophet (peace and blessings of Allaah be upon
him) said: “Go and look for something even if it is a ring of iron.”
Narrated by al-Bukhaari (5121) and Muslim (1425).
People vary in their dowries according to custom. Some of
them make the mahr cash, and some offer gold, and some make it include three
things: gold and cash to be paid later, and a list of furniture or household
effects, and there is nothing wrong with that.
The list is regarded as part of the mahr, and it becomes the
property of the bride, and its specific details depend on the agreement
between the husband and the wife’s guardian, who may agree to write down all
the furniture that is there, so that it becomes the property of the wife,
and she takes it in the event of separation from the husband; or they may
agree to write down some of the furniture, and she will not have anything
more than that.
The wife’s guardian should not be too strict with regard to
this list, because it is mustahabb to make the mahr simple and easy, because
the Prophet (peace and blessings of Allaah be upon him) said: “The best
of dowries is the simplest.” Narrated by al-Haakim and al-Bayhaqi and
classed as saheeh by al-Albaani in Saheeh al-Jaami’ (3279). And he
(peace and blessings of Allaah be upon him) said: “The best of marriage
is the simplest.” Narrated by Ibn Hibbaan and classed as saheeh by
al-Albaani in Saheeh al-Jaami’ (3300).
See also questions no.
And Allaah knows best.