Section
The wife acquires ownership of her dowry the moment the marriage contract is concluded. Any increase that accrues to a specified asset before she takes possession belongs to her, while the risk of its loss falls on her—provided he did not prevent her from taking delivery. She may dispose of the dowry as she wishes, and she alone is responsible for paying its zakat.
If he divorces her, grants her a khulʿ, or the separation is initiated by him before consummation or valid seclusion, she is legally entitled to half the dowry. The dowry becomes fully established by consummation, valid seclusion, or the death of either spouse. It is completely annulled if she herself dissolves the marriage—even on the grounds of impotence—before consummation.
Should they disagree over the amount of the dowry, its specific form, or the event that makes it fully due, his word is accepted; if the dispute concerns whether she has received it, her word prevails.
Section
If a guardian marries off a woman—whether she is one whom the guardian may lawfully compel or not—with her permission but without specifying a dowry, or contracts the marriage on the vague condition that one of the parties or someone else may later set “whatever they wish” (1), she is entitled, by virtue of the contract itself, to the customary dowry of women of her rank. A judge shall fix that amount (2) at her request if the two parties cannot agree.
It is valid for her to remit the dowry before it is assessed. If either spouse dies, the surviving spouse inherits it, and the dowry becomes definitively due. If she is divorced before consummation, she receives instead a parting gift (mutʿa): the affluent must give according to his means and the poor according to his. After consummation, only the dowry is due.