Question:
Assalamualaikum w.b.t Tuan Mufti. I want to ask regarding the usage of mock-up cheque during marriage solemnization as mas kahwin. The situation here is the groom-to-be has already transferred the amount of money to his bride-to-be’s account, but he only presents the mock-up cheque during marriage solemnization with the amount of mas kahwin given to his bride-to-be. My question is, during the marriage solemnization, the mas kahwin is considered as cash or debt as there are no cash money presented at the said place?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Mas kahwin according to Kamus Dewan Bahasa dan Pustaka 4th edition means, obligatory settlement in physical form (mushaf al-quran and etc.) from a groom to his bride during akad. Mahar; giving mas kahwin, owning or using something as mas kahwin. Some are by the means of memorization of Surah al-Ikhlas, while some give 100 dinars.
Mas kahwin in Arabic language said as al-Sadaq which means obligatory wealth that are given from a husband to his wife due to the manifestation of akad. It is named sadaq to indicate the definite intention of the groom to get married. (Refer to: al-Fiqh al-Manhaji, 4/75)
Sanctioning
Mas kahwin is an obligation upon the husband commenced right after carrying out the marriage solemnization. This is as the saying of Allah SWT in the Quran:
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً
“And give the women [upon marriage] their [bridal] gifts graciously”
Surah al-Nisa’ (4)
Al-Sadaq is obligated upon the husband either it is stated clearly in the aqad, like stating 1 thousand Syrian pound or not stated in it. (Refer to: al-Mu’tamad fi al-Fiqh al-Syafi’e, 4/75)
Dr Muhammad al-Zuhaili in his book presented the opinion of Imam al-Mawardi which states, the sources of evidence upon the obligation of mas kahwin during marriage solemnization is the excerpts from the Quran, al-Sunnah al-Nabawiyyah and Ijma’. (Refer to: al-Mu’tamad fi al-Fiqh al-Shafi’e, 4/111)
Stating the Amount of Mas Kahwin in Marriage Solemnization
It is not among the integrals (arkan) of marriage contract (aqd al-nikah) to state the amount of mas kahwin in marriage solemnization and it is also not one of the conditions (syarat).
It is permissible (harus) to not state it in the aqad, and the aqad still considered as valid, but this action is undesirable (makrooh). Conversely, it is Sunnah to state it in the aqad. This is as stated in al-Fiqh al-Manhaji:
“It is Sunnah to state the amount of mas kahwin during marriage solemnization. This is because, Rasulullah PBUH never abandon this in any marriage he had. Stating it may avoid any dispute between the husband and wife. However, it is still not an obligatory action. The scholars also coincide that it is permissible (harus) to not state it in the marriage solemnization, but an undesirable act”. (Refer to: al-Fiqh al-Manhaji, 4/76)
Instant, Postponed and By-Instalments Settlement of Mas Kahwin
Mas kahwin is one of the exclusive rights of a wife. Settlement of mas kahwin is not conditioned with immediacy, postponement or instalments. The wife has the right to insist on this because it is of her possessions.
This is as stated by Dr Muhammad al-Zuhaili in his book: “Mas kahwin is the right of a wife and this right of possession occurs during a valid marriage solemnization. The syarak does not command the mas kahwin with immediacy, postponement or instalments during the marriage solemnization or after it” (Refer to: al-Mu’tamad fi al-Fiqh al-Syafi’e, 4/116)
It is also stated in al-Fiqh al-Manhaji: “The gifting of mas kahwin is not associated with the condition of immediacy, and it is permitted to be fully delayed before sexual intercourse occurs. This is because, mas kahwin is the right of a wife, and she herself holds the right to insist on this whether to be done instantly or delayed as she wishes”.
(Refer to: al-Fiqh al-Manhaji, 4/78)
Mas kahwin (dowry) is a right exclusively for the wife, while the wali has no right upon it. Although the wali is eligible to receive it on her behalf, but it is still her exclusive right. This is as stated in the saying of Allah SWT in the Quran:
فَلَا تَأْخُذُوا مِنْهُ شَيْئًا ۚ أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُّبِينًا
“Do not take [back] from it anything. Would you take it in injustice and manifest sin?”
Surah al-Nisa’ (20)
Conclusion
Based on the question and pieces of evidence presented, it is concluded that:
- Mas kahwin is not obligated to be portrayed or stated in the marriage solemnization, but it is Sunnah to state it. It is to avoid dispute between husband and wife afterwards.
- Meanwhile, mas kahwin is obligated to be paid by the husband to his wife either by cash or debt by the agreement of the wife.
Presentation of mas kahwin during marriage solemnization is just a customary act and not among the conditions of validity of a marriage. Hence, using mock-cheque during solemnization is permissible (harus). This is to ease the way of giving mas kahwin. Allah SWT state in the Quran:
يُرِيدُ اللَّـهُ بِكُمُ الْيُسْرَ وَلَا يُرِيدُ بِكُمُ الْعُسْرَ
Allah intends for you ease and does not intend for you hardship
Surah al-Baqarah (185)
If the groom has already made the payment, it is categorized under settling mas kahwin by cash. It is advised for the groom to bring along the proof of transaction during the marriage solemnization to avoid any misunderstandings. May Allah SWT ease all of our actions in this world and the Hereafter.