Question:
Is it permissible to give my stock shares as a dowry? Hope for an explanation.
Answer:
Alhamdulillah, praise and gratitude to Allah SWT for His countless blessings for us all. Praise and salutations to our beloved Prophet Muhammad PBUH, his family, companions, and all those who follow his footsteps until the Final day.
Dowry or mahar is a property or benefit that is obligated on a husband for his wife, whether it is due to marriage or intercourse. [1]
Allah SWT states:
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً
“And give the women [upon marriage] their [bridal] gifts graciously.” [2]
Ibn Kathir cited the opinion of In Abbas R.Anhuma: The word النحلة means dowry. While Ibn Zaid explained, it means something obligatory to be given to a wife due to solemnization in marriage. A man is obligated to give the dowry to the woman as a gift and it must be given willingly. [3]
In a hadith narrated from Sahl bin Sa’ad RA, he said:
أَتَتِ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ امْرَأَةٌ، فَقَالَتْ: إِنَّهَا قَدْ وَهَبَتْ نَفْسَهَا لِلَّهِ وَلِرَسُولِهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ: مَا لِي فِي النِّسَاءِ مِنْ حَاجَةٍ، فَقَالَ رَجُلٌ: زَوِّجْنِيهَا، قَالَ: أَعْطِهَا ثَوْبًا، قَالَ: لاَ أَجِدُ، قَالَ: أَعْطِهَا وَلَوْ خَاتَمًا مِنْ حَدِيدٍ،
“A lady came to the Prophet (ﷺ) and declared that she had decided to offer herself to Allah and His Apostle. The Prophet (ﷺ) said, “I am not in need of women.” A man said (to the Prophet) “Please marry her to me.” The Prophet (ﷺ) said (to him), “Give her a garment.” The man said, “I cannot afford it.” The Prophet said, “Give her anything, even if it were an iron ring.” [4]
Imam al-Nawawi stated in his syarah: “This hadith shows that a dowry can be a little (in terms of its value) and a lot (of high value) when both people are content because an iron ring shows a dowry of little value. This is the opinion in madhhab Syafi’I and also the opinion of jumhur of scholars from amongst the salaf and khalaf.” [5]
The sanctioning of the dowry has numerous wisdoms of its own. We present here some of the wisdoms of the sanctioning of dowry in Islam.
In the book al-Fiqh al-Manhaji, it is stated: Dowry is sanctioned to showcase the desire of the husband-to-be to treat his wife kindly and build an honoured marriage. Likewise, it is also so that the bride-to-be can prepare herself for the marriage, such as her clothes and expenses. [6]
According to Syeikh Dr Wahbah al-Zuhaili, the purpose of a dowry is to showcase the priority and importance of a marriage as well as honouring the status of the woman. Preparation for the dowry in Islam is also seen as a measurement of the preparedness of the couple in going through a more challenging phase of life after marriage. The dowry given is also a symbol of purity and sincerity of the husband to live together with the woman of his choice. [7]
Regarding stock shares or also known as a shareholder, it can be defined as an individual or institution (including corporate) who legally owns one or more shares for the capital share of a public or private company. The shareholder is also known as a corporate member. According to the law, a person is not considered as a shareholder of a company until the person’s name is included in the shareholder list or company member. [9]
According to the above question, giving over stock shares to one’s wife as dowry is permissible. A dowry can be any asset or anything of value. However, the stock shares value should be stated so that its value is clear if converted into cash.
May Allah SWT grant us a great understanding in this religion. Amin.
Wallahu a’lam.
[1] See al-Mufassal fi Ahkam al-Mar’ah, 7/49
[3] See Tafsir al-Quran al-‘Azim, 2/235
[4] Riwayat al-Bukhari (4741) and Muslim (1425)
[5] See Syarh al-Nawawi ‘ala Sahih Muslim, 9/190
[6] See al-Fiqh al-Manhaji, 2/586
[7] See al-Fiqh al-Islami wa Adillatuh, 9/239
[8] See https://prpm.dbp.gov.my/cari1?keyword=saham
[9] See https://www.investopedia.com/terms/s/shareholder.asp
