When is the Mitsl dowry (standard dowry) used as a reference?

Fatwa of Sheikh Abu Abdillah Musthafa bin Al-‘Adawi

Question:

When Mitsl dowry (standard dowry) is used as a reference (benchmark)? What is the argument? Mitsl’s dowry?

Answer:

Mitsl dowry used as a standard (reference) in some conditions when there is a dispute in determining the type of dowry between husband and wife, while the marriage contract has taken place without determining the type of dowry to be handed over, for example.

The evidence exists Mitsl dowry is a hadith narrated by Ahmad and others with an authentic treatise from Alqamah, he said,

Abdullah was brought a woman who married a man, then she died, and he did not charge her a dowry, and he had never had sexual intercourse with her. He said: So they came to him. He answered: I have secured for him something equal to the dowry of his wives, and he is entitled to an inheritance, and he is obliged to comply with the waiting period. Ma’qil bin Sinan Al-Ashja’i testified: that the Prophet Muhammad SAW gave the same decision regarding Barua’ daughter of Washiq.

“Abdullah (bin Mas’ud) was visited by several people to ask for an opinion (fatwa) regarding a woman who was married to a man, then the man died before determining the dowry for her and before having sex with her. He (Alqamah) said, “They also had different opinions (and came to Abdullah bin Mas’ud).”

He (Abdullah bin Mas’ud) said, “In my opinion, she (the woman) is entitled to a dowry. like a bride’s dowry (mahr mitsl), he is also entitled to an inheritance, and he must serve the punishment Idah.”

Then, Ma’qil bin Sinan al-Asyja’i testified that the Prophet May Allah bless him and grant him peace has decided the case of Birwa’ bint Wāshiq with the same verdict.”

Another argument about consideration Mitsl dowry: A man who has an orphan girl in his care (not his own biological child) and he wants to marry her (make her his wife). So, it is obligatory for her to give a dowry equal to the dowry of other women who are equal to her.

The proof is the word of God Knocking,

And if you are afraid of not being fair to orphans,

“If you are afraid of not being fair to orphans…” and so on.

This means that if it is feared that he will not give the orphan a fair dowry like the dowry of the women in his neighborhood, then he will be assigned a dowry that is equal to the dowry of the women who are equivalent. Wallahu ta’ala a’lam.

Also read: Dowry, whose right is it?

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@Unayzah, KSA; 20 Jumadil final 1447/ 10 December 2025

Translator: M. Saifudin Hakim

Article Muslim.or.id

Footnote:

Translated from Ahkarn Nicah is Zfef. matter. 153-154.