If no dower is stipulated (Mafawwada), what is the wife's right before the marriage is consummated?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The wife who has not had a dower stipulated retains the right to demand the stipulation of a dower, because marriage is never without a dower, thus necessitating the clarification of its measure. This is the position of Al-Shafi'i, and no contrary opinion is known. If the spouses agree upon a dower amount, it is valid. If they dispute the amount and refer the matter to the judge, the judge must only stipulate the prompt dower (mahr al-mithl), as any excess or deficiency constitutes inclination, and justice requires equality, as the dower is a price for the benefit of intercourse.
Supporting text
If the husband stipulates a dower equal to or more than the prompt dower, she cannot claim more. If she does not accept it before consummation, it is not established for her, and she is only entitled to Mut'ah. If the judge stipulates a dower, it becomes binding upon both parties whether they accept it or not, similar to a binding judgment.