then there are three opinions on the matter.
The first is that the same ruling applies as in marriage without a specified dower: if the husband assigns her the dower customary for a woman of her standing, the marriage becomes binding upon her, and whoever has been entrusted with determining the dower has no say in the matter. If that person agrees to the customary dower or less, this is not binding upon the husband unless he chooses to accept it. This accords with what Ibn Habīb relates in al-Wādiha from Ibn al-Qāsim, Ibn ‘Abd al-Hakam and Asbagh.
The second is that the marriage becomes binding only when the husband and the person entrusted with determining the dower, whether the wife herself or someone else, agree on the amount. If the husband assigns the customary dower or more, but the wife, if she is entrusted with determining it, or the appointed person otherwise, does not agree, the marriage does not thereby become binding upon her unless she chooses. If she herself, when entrusted with determining it, assigns the customary dower or less, or someone else entrusted with determining it does so with her consent, this is not binding upon the husband unless he chooses to accept it. This accords with what is stated in al-Mudawwanah.
The third is that the ruling when determination of the dower is delegated is the reverse of that governing marriage without a specified dower: the person entrusted with determining it occupies the same position as the husband in marriage without a specified dower. If the wife, when entrusted with determining it, assigns the customary dower or less, or the appointed person does so with her consent, this is binding upon the husband, and he has no say in the matter. If, however, the husband assigns the customary dower or more, this is not binding upon the wife unless she agrees, whether she herself or someone else has been entrusted with determining it. Abū al-Hasan al-Qābisī adopted this opinion as an interpretation of al-Mudawwanah, but it is a far-fetched interpretation. Rather, the apparent meaning of al-Mudawwanah is what we have stated, and this was the view adopted by Abū Muhammad ibn Abī Zayd—may Allah Most High have mercy on him. Success comes from Allah, glorified and exalted is He.
Section
Likewise, having witnesses is obligatory only at consummation and is not a condition for the validity of the contract. If a man marries without having witnesses, his marriage is valid, and the couple must have it witnessed thereafter—unless they intended to keep the marriage contract secret. In that case, they may not remain married under it, “because the Messenger of Allah (peace and blessings be upon him) prohibited secret marriage.” The husband is instructed to divorce her once and then enter into a new marriage contract with her.
If he consummates the marriage in either case, they are separated by a single divorce, even if a long time has elapsed, since they acknowledge the marriage. Both are subjected to the prescribed punishment if they admit to intercourse, unless the consummation was publicly known or there was one witness to the contract, in which case the prescribed punishment is averted on grounds of doubt. Scholars differ in the case where