Who possesses the authority to forgive the wife's share of the dower following divorce before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The authority to forgive the wife's share of the dower, thereby completing the required payment to her, or for her to forgive the husband's share, lies with the husband who holds the marriage knot (*aqdat al-nikah*). This is the apparent position of the Madhhab of Ahmad, and it is narrated from Ali, Ibn Abbas, Jubayr ibn Mut'im, and was held by Sa'id ibn al-Musayyab, Shurayh, Sa'id ibn Jubayr, Mujahid, al-Thawri, al-Shafi'i (in his later opinion), and the Companions of Opinion (*Ashab al-Ra'y*). The proof for this is the Hadith narrated by al-Daraqutni, on the authority of 'Amr ibn Shu'ayb from his father, from his grandfather, that the Prophet, peace be upon him, stated: "The guardian of the knot is the husband." Furthermore, the husband is the one who can dissolve, retain, or terminate the contract after its conclusion, while the guardian (*wali*) has no such power. Finally, the verse enjoining forgiveness as being nearer to piety, {And that you forgive is nearer to piety} (Quran 2:237), applies primarily to the husband forgiving his own share, not the guardian forgiving the wife's property.
Supporting text
A dissenting view attributes this authority to the guardian (*wali*), especially if the guardian is the father of a young wife. This was held by Ibn Abbas, Al-Hasan, Malik, and Al-Shafi'i (in his older opinion). The reasoning is that the guardian becomes the one with authority over the marriage after the divorce, as the wife is no longer in the husband's direct control, and this aligns the forgiveness of the marriage-holder with the forgiveness of the wife's share mentioned in the verse.