What is the ruling regarding the return of the dower if the husband divorces the wife before consummation (*dukhul*)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
Upon divorce before consummation, the husband is entitled to half the value of the dower at the time the marriage contract was made. Alternatively, he may choose to take half the value of the construction and painting done on the property, or she may choose to give him an excess amount, in which case he cannot claim more than what is given.
Supporting text
This ruling applies because the wife gained an increase in value through the construction and painting on the land and fabric. If she tenders half of the whole amount plus an excess, he must accept it as it is his right plus an increment. If he offers her half the value of the construction and painting, with him keeping the half share, Al-Kharqi ruled this is permissible. Al-Qadi interpreted this as only valid if both parties willingly agree to it, as forcing the wife to accept an exchange (selling the construction) is not permissible.