Is it lawful for a Waly to take from the woman's Mahr?

345

Q: Is it permissible for the woman's Waliy (a legally accountable person acting for a woman regarding marriage) to take from her Mahr (mandatory gift to a bride from her groom)? Is it permissible for him to stipulate taking some of it in return for acting as her Waliy?

A: The basic ruling is that Mahr (mandatory gift to a bride from her groom) is in return for having sexual intercourse with her, (Part No. 19; Page No. 67) and is her own property. It is not permissible for her Waliy (a legally accountable person acting for a woman regarding marriage) to stipulate to take some of it for himself. Also it is not permissible for him to take anything from her Mahr except by her consent unless he is her father; because it is permissible for the father to take from his daughter's Mahr without causing her losses acting upon the saying of the Prophet (peace be upon him): The most pleasant of what you eat is that out of what you earn; and your children are from your earnings. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.