Is it obligatory to return the dower (mahr) of a woman who seeks asylum or converts under a general truce?
General Chapter
Al-Mughni
Book of Jihad
Primary text
It is not obligatory to return the dower paid to a woman who comes seeking asylum or converts under a general truce. This is because she did not take anything from them while in the Muslim domain. Even if she had taken it, that would have been considered overcoming them in their own realm of power. If any compensation were due, it would be the fair market value of the dower (mahr al-mithl), not the stipulated amount (mahr al-musamma).
Supporting text
Some Shafi'i scholars maintain that if a Muslim woman comes to the Muslims, her dower must be returned to her husband if he comes seeking her, based on Quran 60:10. Qatadah argued this verse permits the return of the dower. However, Ata, Al-Zuhri, and Al-Thawri rule that this verse is not currently operative. Furthermore, the context of this verse relates specifically to the condition established in the Treaty of Hudaybiyyah where the Prophet stipulated the return of Muslims who defected. When Allah forbade the return of women, He commanded the return of their dowers. This specific ruling does not apply to a general truce where no such condition was established.