his defect. In reality, he is the one who deceived her. She says, “I want this husband, but since he has a defect, I am unable to remain with him.” Thus, in reality, the separation is attributable to him. The scholars hold that whenever the separation is attributable to the husband, the woman is entitled to half of the dowry, for Allah, Exalted is He, says:

“And if you divorce them before you have consummated the marriage, but after the dowry has been stipulated for them, then give them half of what you stipulated.” [al-Baqarah: 237]

“After consummation, she is entitled to the stipulated dowry, which he may recover from the deceiver, if there is one, …”

His statement, “After consummation,” means after marital intercourse.

His statement, “she is entitled to the stipulated dowry,” means the dowry stipulated in the marriage contract. For example, the dowry is five thousand riyals, then after consummation it becomes evident that she has a defect, or that he has a defect, and the marriage contract is annulled. She is then entitled to the stipulated dowry. This is understood from the implication of Allah’s saying:

“And if you divorce them before you have consummated the marriage, but after the dowry has been stipulated for them, then give them half of what you stipulated.” [al-Baqarah: 237]

The implication of His words, “before you have consummated the marriage,” is that after consummation the full dowry becomes due. This is indeed so, and it is also based on the Prophet’s statement, peace and blessings be upon him: “She is entitled to the dowry in return for his having made her private parts lawful to himself.” (1)

Thus, the dowry becomes due after consummation. If the husband says, “How can my money go to a defective woman?” the author replies: “He may recover it from the deceiver, if there is one.”

His statement, “he may recover,” refers to the husband.

His statement, “it,” refers to the stipulated dowry.

His statement, “from the deceiver,” means from the one who deceived him.