The ruling on the dower when a dispute arises over consummation after the dower has been fully paid (Qabdh)?

General Chapter

Al-Mughni

Book of Reconciliation (Return During 'Iddah)

Book 40 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the dispute over consummation occurs after the wife has already received the full dower, and the husband claims consummation while the wife denies it, the husband does not reclaim anything from her because his claim confirms her right to the dower, and he does not claim its return. If the husband is the denier (meaning she claims consummation and he denies it), he must return half the dower to her. This position is held by Al-Shafi'i and the Ashab al-Ra'y (Hanafi scholars).