Does an increase in the dower (mahr) agreed upon after the marriage contract take effect as part of the dower?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
An increase made to the specified dower after the contract is binding and is considered part of the dower. This is the position stated by Ahmad. If the husband divorces the wife before consummation, she is entitled to half of the original dower and half of the increase. This is also the view held by Abu Hanifa. The evidence supporting this is the verse: {There is no blame upon you for what you agree upon after the obligation} [Quran 4:24]. Furthermore, the period after the contract is a time for establishing the dower, making the condition of increase equivalent to the condition at the time of the contract. The binding nature means the increase acquires the legal rulings of the dower, such as being halved upon divorce before consummation, and it does not require the conditions of a gift.
Supporting text
Al-Shafi'i holds that the increase does not adhere to the contract; rather, it is a gift requiring the conditions of a gift. If the husband divorces her after the gift, he does not reclaim anything of the increase. Some accounts suggest Ahmad held a similar view regarding a specific scenario involving a female slave, where the increase was deemed to belong to the slave, not the master, implying the increase does not attach to the original contract's ownership structure.