What is the ruling regarding a deficiency in the dower (*mahr*) before it is delivered to the wife, or if the husband prevents her from taking possession of non-measured or non-weighed dower?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

The deficiency falls upon the husband because the dower is his guarantee (*daman*). The wife has the choice between two options: either accepting half of the deficient dower along with compensation (*arsh*) for the deficiency, or accepting half of its value as it was at the time of the marriage contract until the time of divorce. This is because any increase in value belongs to her, and any decrease falls upon him, placing him in the position of a usurper (*ghasib*). However, he is not responsible for an increase in value due to fluctuating prices because this is not part of the guarantee of a usurper, making the situation here even clearer.