What is the consequence regarding the dower (mahr) if a marriage contract is dissolved (fasakh) after the consummation (dukhul)?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the dissolution occurs after consummation, and the deception (taghrir) originated from the party entitled to the dower, that party forfeits the dower. If the deception originated from another party, the husband owes the dower but may recover it from the deceiver. If the deception was by the wife's guardians (awliya'), the husband recovers the amount from them. If only some guardians were involved, the recovery may fall solely upon the deceptive guardian, or jointly upon all guardians, because liability for the rights of people is treated equally whether intentional or through error.

Supporting text

If the dissolution occurs before consummation, no dower is due upon the husband.