What is the ruling on dissolution if the husband defaults on the *mahr* after consummation?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the husband defaults on the *mahr* after consummation, there are two views based on whether the wife has the right to withhold herself (*man'u nafsiha*) after entry into the marriage. If she is permitted to withhold herself after consummation, she retains the right to dissolution, similar to the situation before consummation. If she is not permitted to withhold herself, she does not have the right to dissolution, analogous to a debtor becoming bankrupt concerning another debt owed to her.

Supporting text

Dissolution requires the decree of a judge because it is a point of disagreement among jurists.