What is the ruling on dissolution of marriage if the husband is unable to pay the prompt *mahr* (dower) before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
If the husband is unable to pay the prompt *mahr* before consummation, the wife has the right to dissolution (*faskh*). This is because the counter-performance of the contract has become unattainable before the delivery of the thing exchanged, making dissolution permissible, analogous to a buyer defaulting on the price before receiving the sold item. This ruling is supported by the apparent view derived from Ibn Hamid.
Supporting text
Ibn Hamid permits dissolution. Furthermore, dissolution is not permissible except through the judgment of a ruler because it is a matter of legal discretion (*ijtihad*).