What is the ruling regarding the full dowry if the wife dies or the husband dies before the defect is discovered after divorce without consummation?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 2 · Bab 3

Open in Qurani

Primary text

If the wife dies or the husband dies before the discovery of the defect subsequent to the divorce without consummation, the wife is entitled to the full dowry, and neither party has recourse to reclaim it. This is because the cause for reclaiming the dowry is the annulment (faskh) of the marriage contract, which did not occur here. The dowry is established (mustaqirr) upon death, preventing any claim for return.