When does the deferred dower (*mahr al-tafwid*) for a woman whose dower was delegated become obligatory?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The deferred dower (*mahr al-tafwid*) becomes obligatory upon the conclusion of the marriage contract. This is the established position of Abu Hanifa. The primary opinion among the associates of Al-Shafi'i agrees that it becomes obligatory upon the contract. The evidence supporting this view is that the wife gains the right to demand it immediately, similar to a specified dower (*mahr al-musamma*). Furthermore, if the dower did not become obligatory upon the contract, it would not be firmly established upon the husband's death, unlike in the case of a void contract. The marriage contract cannot legitimately be devoid of a dower, and ruling against its immediate obligation leads to the marriage being validly concluded without a dower, permitting consummation without any due payment. The reason it is not halved upon divorce (as a specified dower would be) is that Allah transferred the unspecified dower to the *mut'ah* (consolatory gift upon divorce), just as He transferred the specified dower to half its amount upon divorce.
Supporting text
A dissenting opinion among the associates of Al-Shafi'i holds that the dower does not become obligatory upon the contract, based on the principle that if it were obligatory upon the contract, it would be halved upon divorce, similar to the specified dower, which is not the established ruling for the deferred dower.