If an invalid contract is dissolved before consummation or lawful seclusion, no dowry is due; after either of those two events, the named dowry must be paid. In intercourse that occurs through a mistaken assumption of legitimacy, or in forced fornication, the woman is entitled to the customary dowry of women of her rank, with no separate compensation for loss of virginity.
A wife may withhold herself until she receives the prompt portion of her dowry, and she still deserves maintenance while doing so, even though the remainder is deferred. Once the deferred portion has fallen due—or if she had voluntarily made herself available from the outset—she may no longer withhold herself, and maintenance is not owed to her while she refuses. Should the husband become unable to pay what is already due, she may seek annulment through a judge, even after consummation.
Section
The Wedding Feast
Holding a walīmah (wedding banquet) when the contract is concluded is recommended. A Muslim who is invited by name must accept; it is forbidden to boycott his first invitation so long as no wrongdoing is involved. If the invitation is a general public call, is issued on the third day, or comes from a non-Muslim subject (dhimmī), responding is merely disliked.
Eating is not obligatory, and a person observing a voluntary fast may either eat or continue fasting at his discretion.
Scattering sweets or coins (nithār) (1) and picking them up is disliked. It is recommended to pronounce the Name of Allah before eating or drinking, to praise Him when finished, and to eat with one’s right hand from the portion directly in front of oneself.
Publicising the marriage and beating a permissible frame drum during the celebration are likewise recommended.
Chapter
Marital Conduct
Husband and wife are both obliged to live together honorably. It is forbidden for either of them to delay fulfilling what he or she owes, or to show aversion when offering it. A free woman who is normally subject to intercourse must be delivered to her husband in his house if he requests her, provided she made no stipulation to the contrary.