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- MuwataMalik-017-001-35315 + (Yahya related to me from Malik that he had … Yahya related to me from Malik that he had heard that Umar Ibn Abd AlAziz during his khalifate; wrote to one of his governors; Whatever a father; or guardian; who gives someone in marriage; makes a condition in the way of unreturnable gift or of favour; belongs to the woman if she wants it. Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said; Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated; the husband has half of the unreturnable gift by which the marriage occurred. Malik said about a man who married off his young son and the son had no wealth at all; that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father. Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin; her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses. Malik said that that was because Allah; the Blessed; the Exalted; said in His Book; Unless they women with whom he had not consummated marriage make remission or he makes remission to him in whose hand is the knot of marriage. Surat 2 ayat 237. He being the father of a virgin daughter or the master of a female slave. Malik said; That is what I have heard about the matter; and that is how things are done among us. Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated; did not keep anything from the bride-price. Malik said; I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged.for which cutting off the hand is obliged.)
