Can a wife refuse to consummate the marriage until she receives her prompt dower (Mahr)?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

The wife has the right to abstain from entering upon the husband until he pays her the dower, provided the dower is prompt (hal). There is consensus among the scholars whose views are known, as reported by Ibn al-Mundhir, that the wife may prevent consummation until the dower is given. If the husband refuses to pay until she submits, the husband is compelled first to deliver the dower, and then the wife is compelled to submit herself. The evidence for this priority rests on preventing the risk of harm to the wife's chastity (bodily integrity), which cannot be reversed, unlike the case of a sold item (Mabi') where the price and item exchange are balanced before compulsion.