Branch II
Dowry Provisions Dowry
27.
Whatever may, by Sharia, be bound thereby shall validly be dowry, whether property, work or benefit.
Ownership of dowry
28.
Dowry is the property of woman, and no inconsistent condition shall count.
General provisions with respect to the dowry
29.
(1) Dowry may be expedited, or postponed, wholly or part of it, at the time of contract.
(2)
Dowry shall be binding wholly by valid contract, and shall be ascertained by consummation, or death, and
the postponed thereof shall be due by the time becoming due, death or irretrievable divorce.
(3)
A divorced wife, before consummation shall be entitled to half the dowry, where named, otherwise she
shall be entitled save to enjoyment (Mutaa') not exceeding half the dowry of the like thereof.
(4)
Where dowry is not named, or naming is incorrect there shall be due the dowry of the like thereof.
(5)
Where the spouses differ upon the dowry amount, evidence shall be on the wife; where she fails, statement
shall be for the husband on his oath, unless he alleges what may not validly be dowry of her like customarily; then
dowry of the like shall be decreed; and likewise the judgment upon difference between one of the two spouses and
heirs of the other, or between their heirs.
Dowry and consummation
30.
(1) The wife may refrain from consummation, until she receives her advanced dowry.
(2) Where the wife consents to consummation, before receiving her dowry from the husband, it shall be deemed as
debt in his liability.
Delivery of property to the betrothed as being dowry
31.
Where the betrothed delivers to his betrothed prior to the contract property as being of dowry then one of
the parties deviates from concluding the contract, or one of them dies, he shall have the right to recover what he
has delivered in kind, where existing; otherwise it's like, or value on the day of delivery.
Branch lll
Guardianship in Marriage Order of guardians
32.
(1) Guardian in marriage is a consanguineous by himself, as to the inheritance order.
(2)
Where two guardians are equal in affinity, then marriage shall be valid, by guardianship of any one of
them.
(3)
Where the furthermost guardian undertakes the contract, in the presence of the nearest guardian, it shall be
concluded subject to the ratification of the nearest guardian.
(4)
The contract shall be valid, upon ratification of the special guardian where a woman marries by public
guardianship, in his presence, in the contract place or a near place in which his opinion may be taken; where he
does not ratify, he shall have the right to apply for rescission, unless one year from the date of consummation has
not elapsed of the date of consummation.
Guardianship conditions
33.
A guardian shall be required to be a sane male, adult and Muslim, where guardianship is on a Muslim.
Marriage of an adult virgin by guardian
34.
(1) An adult shall be married by her guardian, upon her permission and consent to the husband and dowry;
and her statement of her adulthood shall be admissible, unless belied by what is apparent.
(2) The acceptance of an adult virgin shall implicitly or by implication be necessary, where her guardian contracts
her marriage without her permission, then he tells here the contract.
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