What is the proper dower (mahr) due to a woman divorced after consummation in a second marriage contracted during her waiting period (iddah) following a Khul' divorce?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If a man divorces his wife by Khul' after consummation, and then remarries her during her Iddah, and subsequently divorces her before consummation in the second marriage, she is entitled to half the dower stipulated in the second contract. This is the position held by Al-Shafi'i. The basis for this ruling is derived from the Quranic injunction stating that if divorce occurs before consummation after stipulating a dower, half of the stipulated amount is due (Quran 2:237). Furthermore, this divorce is one occurring within a marriage that was not consummated, necessitating the halving of the dower, analogous to a divorce following remarriage after the Iddah period.
Supporting text
Abu Hanifa holds that she is entitled to the full dower because the legal effect of consummation is present, evidenced by the fact that if she bore a child, lineage would be established. However, this reasoning is rejected because establishing lineage does not depend solely upon physical consummation in his view, nor can it substitute for it.