What is the obligation upon a husband who consummates the marriage (by eliminating her virginity) and then divorces his wife before full consummation (physical intercourse)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If a husband causes the loss of his wife's virginity and subsequently divorces her before physical consummation (*dukhul*), he owes her only half of the stipulated dowry (*mahr*). The justification rests upon the explicit statement of Allah: {And if you divorce them before you have touched them and you have already stipulated for them a stipulation, then [you owe them] half of what you stipulated} (Quran 2:237). Since this divorce occurred before physical contact (*masees*), it is analogous to divorce prior to any stipulation being made regarding the dowry, and therefore, only half is due. Furthermore, the husband has destroyed something that the contract permitted him to destroy, meaning he is not liable to her for the full amount, similar to the case of damaging the chastity of one's female slave.
Supporting text
Abu Yusuf and Muhammad hold that the full dowry is obligatory because he destroyed her virginity within a valid marriage contract, thus rendering the full dower mandatory, just as if physical intercourse had occurred. Furthermore, a differing opinion attributed to Ahmad suggests that if a non-husband were to cause this damage, the full dowry would be due; therefore, the husband, who initiated the valid marriage, should be held to the same or greater standard. Ahmad is also reported to state that the full dowry is due upon someone who seizes a woman and gains access to her, or one who looks at her while she is naked, implying the husband should pay the full amount in this case as well.