What is the ruling if the husband and wife disagree regarding the dowry amount before consummation?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 2 · Bab 1

Open in Qurani

Primary text

The ruling depends on the prevailing scholarly opinion regarding who speaks the truth in a dowry dispute. If the ruling favors the husband's statement, the wife is entitled only to Mut'ah (a consolatory gift). If the ruling favors the one claiming Mahr al-Mithl, then the wife's claim up to the amount of Mahr al-Mithl is accepted. If the husband divorces her before consummation, she is entitled to Mahr al-Mithl according to one prevailing opinion. In general, whoever's statement is accepted, they must take an oath to affirm it, unless the wife is only entitled to Mut'ah.

Supporting text

If the husband does not divorce her before consummation, then Mahr al-Mithl is established for her based on the differing scholarly narrations (Riwayatayn).