Is the wife compelled to accept compensation for construction made on the property instead of half the dower's value when the husband divorces her before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The correct view is that the wife is compelled to accept the payment for the construction and painting if offered, because the land accrued to him while the construction belongs to another. When the husband offers the value of the construction, the other party must accept it, similar to a pre-emptor (*shafi'*) taking land after the buyer has built upon it and offering its value, which the buyer must accept. Likewise, if a lender retracts the use of his land where the borrower has built or planted, and the lender offers compensation for that structure, the borrower must accept it.