Waiver of the dower

عفو المهر

On the phrase 'or the one in whose hand is the marriage knot,' Sha'rawi holds that the dower is the woman's right and that the one meant is the husband, not her guardian. He answers those who took it to be the guardian, whom he reports without naming them on this page 1 2.

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Era
The Prophetic Era
Region
Global / Diaspora
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Family, marriage and kinshipLaw and courts

Summary

On the phrase 'or the one in whose hand is the marriage knot,' Sha'rawi holds that the dower is the woman's right and that the one meant is the husband, not her guardian. He reports that some exegetes said guardian, and answers them. 1 2

Who may waive

Sha'rawi reads the context of al-Baqara 237 as matching the woman's waiver with the husband's: as she may waive her half, he may waive his. He reports that some exegetes held the phrase means the wife's guardian, without naming them on this page. 2

The dower is the woman's

Sha'rawi holds that the dower is capital and livelihood that belongs to the woman, so a guardian does not dispose of it. She may keep it for a need, and it is lawful means of provision. 2

Not yet checked

The exegetes who held the guardian view are not named on these pages, and the jurists' texts on the question and the academic view have not yet been checked. The view is therefore given as Sha'rawi reports it and attributed to no one else.

Opinions on the question

The question: Who may waive half the dower after divorce before consummation: the husband, or the wife's guardian?

First opinion · Sunni tradition (the museum's frame)Main reference

The one in whose hand is the knot is the husband; the dower is the woman's right and a guardian cannot waive it

Sha'rawi reads the verse as a matching of two waivers: as the woman may waive her half, the husband may waive his. He calls the dower capital and livelihood that is hers, which she may keep for her needs {cite:tafsir-sharawi-khawatir-scan-vol-2 p.1020}.

Held by: Muhammad Mutawalli al-Sha'rawi

More opinions (1)

Sunni tradition (the museum's frame)Main reference

The one in whose hand is the knot is the wife's guardian, as Sha'rawi reports some exegetes held

Sha'rawi reports that some exegetes held the phrase means the wife's guardian. He does not name them on this page, and their works have not yet been checked, so the view is recorded as he reports it {cite:tafsir-sharawi-khawatir-scan-vol-2 p.1020}.

Connections

Explore the connections

Part of
Divorce before consummation

People and things also explored

Divorce (talaq)· Divorce before consummation· Allusion to a proposal during the waiting period· Awl (proportional reduction of shares in inheritance)· Breastfeeding and weaning· Hadiyya (gift)· Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)· Iddah (waiting period)

Sources

  1. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p.1019
  2. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p.1020
Cite this page

islam.museum contributors. “Waiver of the dower”. islam.museum, https://islam.museum/en/concept/waiver-of-dower/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Divorce (talaq)

In his commentary on al-Baqara 2:228-232, Sha'rawi reads divorce in stages, once and then twice, as giving the couple room to mend; he holds that returning to a wife after the waiting period needs a new contract and a new dower and the woman's consent, and that relatives may not block the return when the spouses agree.