Waiver of the dower

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}

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

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

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.