Should the claim of a stipulated dower be judged if the time elapsed makes determining the prompt dower difficult?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The established ruling is that when the contracting parties disagree, their heirs assume their roles. The claim that a right is extinguished due to the prolonged period is incorrect because the right does not lapse due to the passage of time, nor does recourse to the prompt dower become impossible, similar to the valuation of other damaged property.
Supporting text
The Hanafi school, according to some companions of Abu Hanifa, states that if the stipulated dower is claimed and denied after a prolonged time, no judgment is passed because determining the prompt dower becomes impossible due to the necessity of considering specifications and timings. Muhammad ibn al-Hasan ruled for the prompt dower, and Zufar ruled for a minimum dower of ten dirhams.