Islamic Ruling on Jahez New

Shar’i Status of Customary Dowry (Jahez) in Islam

Question: What is the Shar’i status of the customary Jahez (dowry)? And did the Prophet (ﷺ) give dowry to Fatimah (RA)?

Answer:

Alhamdulillah:

Among the various Hindu customs of marriage, one evil custom is that of Jahez (dowry), which has dug its claws into our society such that this custom has become a fatal poison for our community. Due to this, where poor girls sit at home unwed, their elderly parents have traded away their lives to fulfill the dowry demands for their daughters. Today, eyes are fixed more on a daughter’s dowry than on her character or appearance. The result is that marriage appears less like the union of two families and more like a mutual trade between two parties; and this trade, as soon as the wealth runs out, becomes the cause of disputes and separation.

Keeping the time and environment in mind, the need of the hour was to uproot this evil custom and discourage it so that it would be eliminated from our society. However, it is unfortunate that a section of our scholars is bent on proving this evil custom to be exactly according to Shariah.

Dowry is a custom regarding which there is a difference of opinion among scholars as to its actual status: is it truly just a ritual like other unnecessary customs, or does it have some Shar’i justification in some regard?

In our view, there are two aspects, two sides, or two forms of this custom. In one form, it is permissible, and in the other forms, it is impermissible.

To understand this, it is necessary to keep in view the reasons for which dowry is arranged.

They are as follows:

1. Expression of grandeur or wealth.
2. Exhibitionism, fame, and expression of pride.
3. Arranging it to the extent of extravagance and wastefulness (Israf and Tabzeer).
4. The desire to deprive the daughter of inheritance.
5. Merely as a ritual in blind imitation of others.
6. Arranging it by taking loans despite a lack of means.
7. As cooperation, a gift, and Sila-Rahmi (joining ties of kinship).

The Impermissible Form of Dowry

In the first six forms mentioned above, it is merely a ritual, hence it is impermissible. And in this impermissible form, most often, all the aforementioned evils are found. In this regard, the custom of dowry is a collection of all the mentioned vices; how can it be declared permissible? It involves the expression of grandeur as well as the desire for exhibitionism. It is arranged to the point of extravagance and wastefulness, which is why an attempt is made to give everything, whether there is a need for it or not, and whether the groom’s family even has the space to keep such unnecessary items or not.

And seeing the wealthy, the poor—who do not have the means—also fulfill this custom by taking loans, or even interest-based loans if a goodly loan (Qard-e-Hasana) is not available, just so their “nose remains” (honor is saved) within the brotherhood/community.

In giving a lavish dowry, the motivation to deprive the daughter of inheritance is also at work.

Specifically, wealthy people sacrifice hundreds of thousands of rupees in the name of dowry with this intention, and then indeed, their sons do not give their sisters their Shar’i right to inheritance after the death of their property-owning father. They say and believe that whatever the father had to give his daughters, he gave in the form of dowry; now all this property belongs only to the sons. In this way, this custom is an imitation of the Hindus. In the Hindu religion, girls do not have a share in inheritance, so they give the girl ‘Daan’ (donation) at the time of marriage. This very concept of ‘Daan’ (a substitute for deprivation of inheritance) has been adopted by Muslims under the name of Jahez. In this respect, it is a purely Hindu custom. If the aforementioned concepts are driving the dowry, then this custom of dowry is entirely impermissible and has no connection with Islam. Therefore, a movement against it is also necessary, because those who give dowry generally do so under these very concepts and consider fulfilling this custom unavoidable.

The Permissible Form of Dowry

However, there is also a permissible form of dowry which was mentioned in the seventh point above, and that is to give something to one’s daughter at the time of marriage as cooperation, Sila-Rahmi, and a Hadiya (gift/donation).

In Islam, there is great virtue in cooperating with one another; similarly, there is encouragement to give gifts to one another. And if the matter of cooperation or gifting is done with one’s close relatives, it is called Sila-Rahmi (upholding ties of kinship), and there is great emphasis on this, and it is said to be a cause of double reward.

In this regard, giving something to one’s daughter—if she is truly in need or as a gift—is absolutely permissible, rather it is commendable and liked. But for this, it is necessary that:

1. Parents fulfill her needs according to their capacity.
2. They do not become burdened by debt for this.
3. They do not do this for show or as a ritual.

In this provision of life’s necessities, it will not be permissible to cooperate without assessing the needs at the time of marriage. Rather, it should be seen after the marriage what things are needed in that house, and if the groom’s family is truly unable to provide them, then cooperation should be extended to them in providing those items according to one’s capacity, but with the following conditions:

Firstly, there should be no intention to deprive her of inheritance by considering this cooperation a substitute for inheritance.

And secondly, if there is no capacity for simultaneous cooperation, then cooperation may be done at different times.

If the daughter does not need household necessities and the parents are wealthy and wish to give the daughter a gift, then they should give her a gift according to the son-in-law’s financial position that can improve his future. For example, if he has a shortage of capital which is causing him business difficulties, he should be given a gift in the form of cash so that he can improve his business. Or a plot of land should be bought for him so that he can gradually build his house, if he does not have a house or lives in a joint family where there is a lack of space. In both these cases, this plot, or the construction of a house, or financial cooperation in business is such an excellent gift for the husband and wife (daughter and son-in-law) that it will not only be useful for them but also for the future generation. Furthermore, this is a form of cooperation in which ritualism, exhibitionism, and becoming burdened without necessity are not at play; rather, it is the true spirit of well-wishing and cooperation, which is highly liked by Allah. This is not Jahez (dowry) but Sila-Rahmi, cooperation, and well-wishing.

Here, it must be understood that this form should not be called Jahez; rather, it is cooperation, Sila-Rahmi, or a gift.

There is no concept of Jahez in Islam. There is no mention of this customary dowry in the Ahadith. None of the numerous pure wives of the Messenger of Allah (ﷺ) brought dowry with them. Similarly, the Messenger of Allah (ﷺ) did not give dowry to any of his four daughters… neither before Prophethood nor after Prophethood. It is only famous regarding Hazrat Fatimah (RA) that he gave her three or four things as dowry. But this is not correct; it has no connection with the customary ritual of dowry, as its clarification is coming ahead.

The Meaning of Tajheez (Preparing Dowry/Supplies) in the Arabic Language

Jahez is an Arabic word derived from the root Jahaz (supplies/equipment).

This word has also been used in the Holy Quran:

﴿ وَ لَمَّا جَهَّزَهُمْ بِجَهَازِهِمْ﴾

(Surah Yusuf: 59)

“And when he furnished them with their supplies.”

The word جَهَّزَ (Form II verb) means:

He prepared the equipment/supplies.

There are separate supplies for every occasion; the word is used in conjunction with the occasion to convey its meaning.

For example, Jahaz al-Aroos (preparing the bride), Jahaz al-Mayyit (preparing the supplies for the deceased),

Jahaz as-Safar (supplies for travel),

Jahaz al-Ghazi (giving the warrior equipment, weapons, etc.).

In Ahadith, this word has been used for two occasions:

One is for the Ghazi (warrior), to prepare him by providing items useful in the battlefield (helmet, armor, weapons, etc.).

The second is to prepare the bride for the wedding night (Shab-e-Zafaf), meaning to adorn her with fine clothes, etc., and send her to the groom.

Thus, the mention of three women is found in Ahadith in this context. One Sayyidah Safiyyah (RA), second Sayyidah Umm Habibah (RA), and third Sayyidah Fatimah az-Zahra (RA).

1. Upon returning from the Battle of Khaybar, the Prophet (ﷺ) freed Sayyidah Safiyyah (RA) and married her. It is stated in this Hadith:
   «جَهَّزَتْهَا لَهُ أُمُّ سُلَيْمٍ فَأَهْدَتْهَا لَهُ مِنْ اللَّيْلِ» (Sahih Bukhari: 371)
   “Umm Sulaim (RA) prepared her (dressed and adorned her) and presented her to the Prophet (ﷺ) at night.”
2. Sayyidah Umm Habibah (RA) was married to the Prophet (ﷺ) by Najashi (King of Abyssinia) via proxy, and she was sent to the service of the Prophet (ﷺ) with a companion, Hazrat Shurahbil bin Hasanah. It is stated in this Hadith:
   «ثم جهزها من عنده وبعث بها إلىٰ رسول اﷲﷺ… وجهازها کل من عند النجاشی»
   (Musnad Ahmad: 6/427, /27408)
   “Then Najashi prepared her from his own resources and sent her to the Messenger of Allah (ﷺ)… and all her preparation (Jahaz) was from Najashi.”

In both these Ahadith, Tajheez is in the sense of preparing the bride—meaning adorning the bride with a bridal dress and ornamentation. It is not in the sense of Athath al-Bayt (household furniture/goods), which has been given the name of “dowry” today. Whereas in these Ahadith, the word Jahez was never used in these meanings. In Musnad Ahmad, the word Jahaz is further used, meaning here the payment of the Mahr (dower), which was completely paid by Najashi in addition to the items of adornment; that is why it is said Jahaz-u-ha kullu min ‘ind-illah (sic – context implies min ‘ind an-Najashi).

The Dowry of Sayyidah Fatimah (RA)

3. As for the third incident of giving dowry to Hazrat Fatimah (RA), from which the permissibility of dowry is inferred, what is its reality?
   Upon contemplating this incident and reviewing the various chains of transmission related to it, the same fact becomes clear that this also does not relate to Athath al-Bayt (household necessities); rather, this was actually the preparation for sending the bride to the groom for the first time. On this occasion, the items the Messenger of Allah (ﷺ) gave to Hazrat Fatimah (RA) were related to things useful for sleeping at night, such as a sheet, a pillow, and a water skin.

As it is in Sunan an-Nasa’i:

«جَهَّزَ رَسُولُ الله ﷺ فَاطِمَةَ فِي خَمِيلٍ وَقِرْبَةٍ وَوِسَادَةٍ حَشْوُهَا إِذْخِرٌ»

(Sunan an-Nasa’i: 3382) Weak Chain

(Musnad Ahmad, Hadith No. 643) Strong Chain

“The Messenger of Allah (ﷺ) prepared Fatimah (RA) (to be sent to Hazrat Ali RA) with a velvet sheet, a water skin, and a pillow stuffed with Idhkhir grass.”

In this narration, the meanings of Jahaza and Jahaz are the same as those mentioned in the Ahadith of Hazrat Safiyyah and Hazrat Umm Habibah (RA) regarding this word, i.e., preparing the bride for the wedding night and sending her to the groom.

Thus, the narration related to Hazrat Safiyyah (RA), in which it states:

جهزتها أم سلیم فاهدتها إلیه من اللیل

“Umm Sulaim prepared her (made her a bride) and presented her to the Messenger of Allah (ﷺ) for the night.”

Imam Nasa’i (RA) has included this narration under Bab al-Bina fi al-Safar.

The word Bina is used specifically for the wedding night/consummation. This chapter heading by Imam Nasa’i (RA) and the inclusion of the narration of Jahazat-ha under it clarifies that Jahaza means making a bride, not goods of dowry.

Another proof of our stated explanation is that the narration related to Hazrat Fatimah is stated in Sunan Ibn Majah in this way:

The Messenger of Allah (ﷺ) visited Hazrat Ali and Fatimah (RA), and they were both inside a sheet (Khamil).

قَدْ كَانَ رَسُولُ الله ﷺجَهَّزَهُمَا بِهَا وَوِسَادَةٍ مَحْشُوَّةٍ إِذْخِرًا وَقِرْبَةٍ

“It was with this very sheet that the Messenger of Allah (ﷺ) had prepared them, along with a pillow stuffed with Idhkhir grass and a water skin.”

(Sunan Ibn Majah: 4152) Sahih

Imam Ibn Majah has narrated this tradition under Bab Dhija’ Aal Muhammad ﷺ. Meaning “The bedding of the family of Muhammad (ﷺ).”

From this chapter heading of Imam Ibn Majah, it is also clear that in the narration regarding Hazrat Fatimah (RA), the meaning of Jahez is bedding materials or preparation for the wedding night, not the customary goods of dowry.

Apart from these three incidents (and excluding the Hadith of Jihad «Man Jahaza Ghaziyan…»), the word Tajheez has not been used in Ahadith, specifically in issues of marriage. And in these three incidents, the context in which this word has appeared holds the very meaning we have described. To infer the customary dowry from this is entirely unjustified and contrary to facts. Therefore, it can be said with full certainty and conclusiveness that the customary dowry has no connection with Islam.

And then, this current custom of dowry is the height of irony: that dowry is demanded from the girl’s family according to one’s own choice and desire. Is the favor of the girl’s parents not enough, that they raised the girl with care and comfort, adorned her with education and upbringing, and due to the command of Allah, handed over the piece of their heart to others? Instead of gratitude for this favor, ingratitude is expressed through demands.

Whereas Allah’s command is to return good with good:

﴿ هَلْ جَزَآءُ الْاِحْسَانِ اِلَّا الْاِحْسَانُۚ﴾

(Surah Ar-Rahman: 60)

"Is the reward for good [anything] but good?"

It is not to narrow the sphere of life for the benefactor. or to make the girl’s life miserable for not bringing a heavy dowry, even forcing her to the point of suicide.

Whereas Allah Almighty has declared the man as Qawwam (protector, overseer, and superior) over the woman:

﴿ قَوّٰمُوْنَ عَلَى النِّسَآءِ ﴾

"Men are the protectors and maintainers of women"

(Surah An-Nisa: 34)

One reason stated for this supervision is that he fulfills the financial needs of the woman. By asking for dowry, the man forgets his station and rank and makes demands to take from the woman.

Although Allah Almighty says that one reason for men’s superiority over women is that they:

وَّ بِمَاۤ اَنْفَقُوْا مِنْ اَمْوَالِهِمْ١ؕ﴾ (النساء 34)

"...and because they spend from their wealth."

Meaning, the responsibility of the woman’s economic and financial maintenance lies upon the men. Conversely, for men to ask for dowry is also contrary to the dignity of manhood.

Whether someone asks for dowry or not, in any case, from whatever perspective this custom is viewed, its ugliness and abomination become clear. There is only one correct form: without showing off, without custom and ritual, and without usurping inheritance rights, if wealthy parents wish to give something to their daughter happily without taking a loan, they may do so. That too should be given in such a manner that it is called a gift or financial aid, and not given the name of Jahez.

(Source: Kitab o Sunnat Forum / By Sheikh Salahuddin Yusuf (Hafizahullah) – with some additions/alterations)

Shar’i Status of Dowry – Mohaddis Forum

(And Allah knows best what is correct)