When does the wife gain full ownership of the dower?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 7 · Bab 1

Open in Qurani

Primary text

The wife gains full ownership of the dower upon the conclusion of the marriage contract. This is the consensus among scholars, evidenced by the Prophet's statement regarding a husband giving only his lower garment (*izar*): 'If you give him your *izar*, you will sit with no *izar*.' This implies the entire dower belongs to the wife. Consequently, any increase or growth (*namaa'*) of the dower belongs to her, whether she has taken possession of it or not. If the dower is zakatable wealth and a full lunar year passes while in her possession, the *Zakat* is incumbent upon her.

Supporting text

A minority view, reported from Malik and indicated in a narration from Imam Ahmad, suggests the wife only owns half of the dower until consummation. However, contemporary jurists affirm her full ownership at the contract stage.