Is the wife's release (Ibra') of her dower valid before or after consummation, in the case of a Muwaffadah (wife whose dower was left to the husband's discretion)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The release of the dower by a Muwaffadah is valid, both before and after consummation. This applies equally to a Muwaffadah al-Bid' (where dower is left entirely to the husband's discretion) and a Muwaffadah al-Mahr (where the amount is left undetermined). This ruling also applies to cases where a void dower, such as wine or an unknown amount, was stipulated. This is because a dower is obligatory in these instances, and only its specific measure is unknown. Release concerning an unknown quantity is valid because it constitutes a waiver (Isqat), similar to the validity of divorce concerning an unknown quantity.
Supporting text
Al-Shafi'i holds that the release is invalid in all these cases. He reasons that the Muwaffadah has no dower established upon which to be released, and thus release from something not yet obligatory is void. Furthermore, he argues that release from an unknown dower is generally invalid unless specified within a range, such as 'I release you from one dirham up to a thousand dirhams,' in which case release occurs if her actual dower falls within that range.