A sister and her fiancé have agreed that her mahr (dowry) will be a water well built in her name as Sadaqah Jariyah. She asks whether this can simply be written in the marriage contract on the day of the nikāh, or if additional steps are required to fulfill this agreement Islamically.

The mahr (ṣadāq) is a right that Islam grants to the bride upon marriage. It is a binding obligation on the husband and should be agreed upon with clarity and mutual consent. It can be in the form of money, property, gold, service, or any lawful and known benefit, as long as it has value and is permissible in Islam.

The idea of dedicating a water well in the bride’s name — as an act of ongoing charity (ṣadaqah jāriyah) — is both meaningful and permissible. If both spouses agree to this and it is clearly defined, then it may be designated as the mahr.

However, the following conditions should be met to ensure its validity and clarity:

The mahr must be clearly defined and not vague. So, it should be specified: for example, “a water well constructed in [Country/Region] in the bride’s name through [Organization] at a cost of $X.”

The responsibility of the husband is to finance and execute this act as part of his obligation of mahr. It is not sufficient to write it as a symbolic gesture; rather, it must be followed by actual implementation, either immediately or at a deferred time if mutually agreed.

The agreement should be written in the marriage contract (nikāh document) with witnesses present, and ideally signed by both parties, to ensure there is no dispute in the future.

The bride has the right to request the mahr at any time unless she voluntarily defers or waives it. It remains a debt upon the husband until fulfilled.

It is also encouraged to use a trustworthy charitable organization and obtain proof (such as a certificate or documentation) that the water well has been constructed in her name, fulfilling the agreement.