Paying the dowry a second time
25-8-2005 | IslamWeb
Question:
Please answer me as soon as possible for my question No. 285004 because it looks like it is not a valid Nikaah because in your Fatwa: 81385 you said the Nikaah is not valid and my wife is coming in 15 days to the United State, I would like to know as soon as possible before she comes, that way they can do the Nikaah Aakd again and tell me if I have to do the dowry (Maher) again or anything I should do please forgive me I wanted a response please do?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
One of the conditions of a marriage to be valid Islamicly, is that both the husband and wife should be specified either by their names, for example 'Mohammad' is the name of a groom and 'Faatimah' is the name of a bride or by their special characteristics that no other person shares with them.
Ibn Qudaamah
said: 'Among the conditions of a marriage to be valid Islamicly is specifying the spouses, since it is compulsory to identify the one who is getting married and the one to whom he is marrying. If one has two or more daughters and says: "I married my daughter off to you" this expression is not correct unless he cites characteristics like her name or features that distinguish her from his other daughters. He has to say in this case "I marry off to you my elder, middle, or the last daughter, etc.'
If one has only one daughter and says: "I marry my daughter off to you" or he indicates his daughter, then the marriage is valid. The important point is that both spouses should be specified so that there will not be any confusion.
Therefore, if your wife's father did not specify his daughter at the time of marriage contract by mentioning her name, indicating her, describing her identifying characteristics that no other sister shares, then the marriage contract is not valid, and you have to renew it. Paying the dowry again is not compulsory. A valid contract is the one which meets the following conditions.
1- Specifying the spouses as mentioned above.
2- The spouses should agree to the contract.
3- Presence of the woman's guardian, for the saying of the Prophet 
said: "A woman cannot get married except with the consent of her guardian." [Abu Daawood and At-Tirmithi]
4- Presence of two male, pubescent, trustworthy Muslims witnesses.
5- The spouses should be free from the impediments to their marriage such as blood, suckling, affinity relations between them, or being from different religions. Besides, there should be affirmation from the guardian of the bride and acceptance from the groom or his authorized man.
Allaah Knows best.