What is the legal consequence regarding the dower if divorce occurs before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The dower is halved upon divorce occurring before consummation (*tamass*), based on the verse: "And if you divorce them before you have touched them and you have already specified for them an ordinance, then [give them] half of what you specified" (Quran 2:237). This division is undisputed. Half of the stipulated dower enters into the husband's possession by ruling (*hukman*), similar to inheritance, not requiring his selection or will. Any growth occurring after the divorce is shared between them. If the dower diminishes in the wife's possession after the divorce, she is liable if she refused to return it when demanded, as she is then considered a usurper. If it is lost before demand, she is not liable according to the main position, as it occurred in her possession without her action or aggression.
Supporting text
A view suggests that the husband's half of the dower does not enter his possession until he actively chooses it, similar to the right of pre-emption (*shuf'ah*). Another possibility considered is that if the dower diminishes, the legal consequence depends on whether the loss occurred before or after the divorce, with the wife's testimony prevailing in disputes over the timing.