Post by Admin on Jul 16, 2015 15:10:45 GMT
Q: There is a tradition at Asian Weddings, where the brides side generally ask the groom for money before being allowed to enter the hall/take the girl after 'Rukhsati'. This is normally a very high amount and is insisted upon before he may enter/leave with her.
Is this considered to be Bribery? Is it Permissible?
A:
Assalamualaikum Warahmatullahi Wabarkatuh
If the amount is taken as a form of loan due to the taker being in need of it and is given with happiness then there will no be issue, however it should be given with the intention of helping out a fellow muslim, not because of the Marriage taking place between the two families.
However if this is not taken as a loan, but rather due to the insistance from the Girls side (as you mentioned in your question) then this is Bribery and is Haram.
If the money has been taken, it needs to be returned
It is mentiond in Durr al Mukhtar (a famous Hanafi reference):
لو أخذ اهل المرأة عند التسليم فللزوج أن يسترده، لأنه رشوة
وقال الشامي: قوله عند التسليم أي بأن أبى أن يسلمها أخوها أو نحو حتى يأخذ شيئا وكذا لو أبى أن يزوجها، فللزوج أن يسترده قائما أو هالكاً
If the girls side take (something) at the time of marriage, then it is for the groom to take it back as this is Bribery
Shaami further says, at the time of marriage meaning, if the brides brother or a relative refuses to give her to the groom or refuses the whole marriage altogether, then the groom should still take back whatever is given (or not give it in the first place) regardless of whether the marriage goes on or not)
In conclusion, it is not allowed to ask for or take the money, and if taken it needs to be returned.
Wallahu A'lam
Allah knows best
Muhammad Ammar (Mufti)
[1] - Fatawa Mahmoodiya - Vol. 11, Page. 186
[2] - Radd al-Muhtar - Vol. 3, Page. 170
Is this considered to be Bribery? Is it Permissible?
A:
Assalamualaikum Warahmatullahi Wabarkatuh
If the amount is taken as a form of loan due to the taker being in need of it and is given with happiness then there will no be issue, however it should be given with the intention of helping out a fellow muslim, not because of the Marriage taking place between the two families.
However if this is not taken as a loan, but rather due to the insistance from the Girls side (as you mentioned in your question) then this is Bribery and is Haram.
If the money has been taken, it needs to be returned
It is mentiond in Durr al Mukhtar (a famous Hanafi reference):
لو أخذ اهل المرأة عند التسليم فللزوج أن يسترده، لأنه رشوة
وقال الشامي: قوله عند التسليم أي بأن أبى أن يسلمها أخوها أو نحو حتى يأخذ شيئا وكذا لو أبى أن يزوجها، فللزوج أن يسترده قائما أو هالكاً
If the girls side take (something) at the time of marriage, then it is for the groom to take it back as this is Bribery
Shaami further says, at the time of marriage meaning, if the brides brother or a relative refuses to give her to the groom or refuses the whole marriage altogether, then the groom should still take back whatever is given (or not give it in the first place) regardless of whether the marriage goes on or not)
In conclusion, it is not allowed to ask for or take the money, and if taken it needs to be returned.
Wallahu A'lam
Allah knows best
Muhammad Ammar (Mufti)
[1] - Fatawa Mahmoodiya - Vol. 11, Page. 186
[2] - Radd al-Muhtar - Vol. 3, Page. 170