When is the prompt dower (sadaq mu'ajjal) required to be delivered?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
In every instance where maintenance is obligatory upon the husband, the prompt dower, when demanded, is also obligatory to be delivered. However, in cases where maintenance is not due from the husband, such as with a young wife or one who refuses herself, Abu 'Abd Allah ibn Hamid and Al-Shafi'i maintain that the dower must still be delivered. Their reasoning is that the dower is compensation for the ownership of the sexual right (milk al-bida'), which the husband has already acquired, unlike maintenance, which is in exchange for her cooperation in consummation (tamkin).
Supporting text
A group rejected this view, asserting that since the dower is compensation for the sexual right she has given him ownership over, she should only be entitled to demand its full receipt when the husband is able to receive his counter-compensation (i.e., consummation is possible).