What is the wife entitled to if divorced before consummation?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a wife is divorced before consummation, she is entitled to half of the stipulated dower (mahr). This is because divorce before consummation necessitates reverting half of what was stipulated for her. Since she stipulated herself (her person/freedom), and reversion of ownership after its removal is not possible, she receives half of her value. Al-Hasan and Al-Hakam hold this opinion. The ruling is based on the principle that divorce before consummation mandates the reversion of half, similar to all other forms of divorce.

Supporting text

Al-Awza'i holds that she is entitled to one-quarter of her value.