What is the ruling on the *mahr* when the judge pronounces divorce against the husband due to *Ila'* (vow of abstinence)?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the judge pronounces divorce against the husband due to *Ila'* because of his refusal to fulfill his obligation, the ruling is the same as the husband's own divorce, as the judge acts in his stead to fulfill the right when he abstains.

Supporting text

Regarding separation resulting from *Li'an* (mutual cursing), there are two narrations. One holds that it is like his divorce because the cause (*Li'an*) stems from the accusation he issued. The second narration states that her *mahr* is forfeited because the dissolution follows her *Li'an*, making it akin to her invalidating the *Li'an*.