Can a wife who has already surrendered herself before receiving the prompt dower subsequently refuse consummation until payment?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the wife surrenders herself before receiving the dower and then seeks to prevent herself afterwards until payment, the view held by Malik, Shafi'i, Abu Yusuf, Muhammad, and explicitly by Abu Ishaq ibn Shaqila and Abu 'Abdullah ibn Battah, is that she loses that right. This is because the surrender finalized the consideration (dower) through her consent, preventing subsequent refusal, analogous to a seller who delivers the sold item first.

Supporting text

The view of Abu 'Abdullah ibn Hamid supports that she retains the right to refuse, arguing that since the submission is obligated by the marriage contract, she retains the right to withhold until receiving the dower, similar to the initial situation.