Halving of Dowry upon Death of Husband before Consummation

Document Type : Research Article

Authors

• Amānullāh ‘Alīmurādī
• Muḥammad Muḥsinī Dihkalānī

10.22067/fiqh.v0i0.3158

Abstract

One of the issues related to dowry (mahr) in permanent marriage is its being halved in some cases. Once, in a permanent marriage, a dowry is set for the wife but the marriage leads to divorce before consummation, the wife is entitled to receive half of the assumed dowry. This view is agreed upon by the majority of Imāmī jurists. Now, what is the ruling if the separation between the couple is caused by the husband's death? Is the wife entitled to the entire assumed dowry? Or, like divorce before dukhūl (the first coition in marriage), is the wife entitled to half the dowry?
It is to be said in reply that the renowned majority of Imāmī jurists have selected the first option, believing that pronouncement of tanṣīf (halving) of the dowry in "divorce before dukhūl" is subject to a special reason and generalizing it to the assumption of "the husband's death before dukhūl" requires provisions that the evidences are not able to supply; as a result, in the latter
presumption the wife is entitled to the entire dowry. In contrast, detailed legal books have attributed the other view to a rare group of jurists.
Re-examining this issue and delving into all its dimensions and details, the writers of the present article have found the rare assertion supported by evidences and have considered this view more proportionate to the criteria of ijtihād (legal reasoning) in comparison to the popular view. They have, in this article, attempted to assay and criticize the assertions of the generally accepted view and to evaluate their evidences; and in the end they have elucidated the selected view.
Keywords: divorce before consummation, death before consummation, halving the dowry, generally accepted assertion, rare view, matrimony.

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