Chapter: Disagreement Between the Spouses Over the Dower

When husband and wife differ over the dower before consummation, each party must swear an oath, after which the marriage is annulled; this is the report transmitted by Ibn al-Qāsim. It makes no difference whether their dispute concerns the very object of the dower—such as a garment or a bull—or its amount, whether one thousand or two thousand. The woman swears first. If both of them swear, the marriage is dissolved and she is entitled to nothing. If she swears while the husband declines, he is liable for half of the dower she claimed. If she refuses to swear and the husband takes the oath, she is entitled only to the amount he acknowledges, and the marriage is dissolved.

Should the dispute arise after consummation, then—if it concerns the actual property given as dower—both must swear, and she is awarded the customary dower of women of her standing. If they agree on the item itself but differ over its value, the husband’s statement prevails, provided he swears concerning the sum he admits. Ibn Wahb relates from Mālik that, in both of these situations, once consummation has occurred the marriage remains valid and she is entitled to the customary dower.

If both spouses agree on the dower but disagree over whether it has been paid, then, once consummation has taken place, the husband’s word is accepted with his oath; this is the well-known position of Mālik. Ismāʿīl ibn Isḥāq and a number of Mālik’s companions said that Mālik spoke of this while in Medina because their custom was to pay the dower before consummation. Where that same custom exists, the ruling follows; otherwise, the wife’s word is accepted, for the husband admits the obligation of the dower but claims to have been released from it, placing him in the position of a claimant against her. Her statement is therefore accepted, subject to her oath.

There is no disagreement that if—