What is the entitlement to the dower (Mahr) if a couple separates due to one spouse converting to Islam after consummation?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If separation occurs after consummation due to one spouse embracing Islam, the wife is entitled to the full dower. This is because the dower becomes established upon consummation and is not nullified by subsequent events. If a stipulated dower was valid (Halal), it belongs to her entirely because the marriages of non-believers are valid, establishing the legal consequences of validity. If the stipulated dower was prohibited (Haram) and she received it while both were in a state of disbelief, she retains what she received, as we do not intervene regarding their past rulings. However, if it was prohibited and she had not yet received it, she is entitled to the dower equivalent to her peers (Mahr al-Mithl), because alcohol or swine cannot legally serve as a dower for a Muslim woman or in a Muslim marriage. This is because their status has now adopted the rulings applicable to Muslims.