Does the wife have the right to dispose of the dower (mahr) before taking possession of it?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The ruling on the dower is like the ruling on a sale contract. For items that are measured by measure (makil) or weight (mawzun), the wife cannot dispose of them before taking possession (qabdh). For all other items, possession is not required, and she is permitted to dispose of them before taking possession. This is supported by the principle concerning sales contracts. Furthermore, for matters where the contract is not nullified by its destruction, such as the dower or the compensation for Khul' (redemption), disposition before possession is permissible because the cause of ownership (the offering) remains even if the item is destroyed, similar to a bequest (wasiyyah) and inheritance. Imam Ahmad confirmed a wife's gift of her dower to her husband before taking possession, which is a form of disposition.
Supporting text
One view states that if the item is specifically identified (mu'ayyan), the wife may dispose of it immediately. If it is not specifically identified, such as a measure from a pile or a specific measure of oil from a container, she cannot dispose of it until she takes possession, akin to a sold item. Another opinion, attributed to Al-Shafi'i, holds that she cannot dispose of any part of the dower before taking possession.