What is the required dower if the husband stipulates a figure lower than the wife's customary dower (*Mahr al-Mithl*)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If a dower is stipulated, the stipulated amount must be paid, regardless of how low it is, which is the position of Al-Shafi'i and Zufar. The justification is that since the marriage contract itself establishes the obligation for the dower, the value guaranteed by the invalid contract must be considered, up to any amount, similar to a sold item. If the wife is divorced before consummation, she is entitled to half of the stipulated amount.
Supporting text
Abu Hanifa and his companions hold that the lesser of the stipulated amount or the *Mahr al-Mithl* is obligatory. They argue that the marital integrity (*buḍ'*) is only valued through the contract, so if she agrees to less than her customary dower, the value cannot exceed what she accepted, as she agreed to waive the excess.