What is implied by Consumation
What is implied by Consumation

Book:

The book of Marriage -

Chapter:

The Conditions of the Contract

Section:Dower (Sadaq)
Topic/Issue:4024 - What is implied by Consumation --
Agreement:The jurists agreed that the entire Saddq becomes due by consummation or death. The basis for its becoming due in the entire amount, following consummation, are the words of the Exalted in 4:20, "And if ye wish to exchange one wife for another and ye have given unto one of them a sum of money (however great), take nothing from it ".
They disagreed whether consummation for this purpose implies copulation or it merely means being in seclusion with her, which they call drawing of curtains
Opinions:
Opinion FromOpinionExplanation
Imam Malik,Imam ShafiOnly one-half dower becomes due with mere seclusion, unless there is intercourse.As Allah, the Exalted and Glorious, has laid down a proscription in the case of a woman whose marriage stands consummated that it is not permitted to take back anything from her dower, as in the words of the Exalted in 4:21. 3 And He stated in the case of a woman divorced before consummation that she has one -half of the dower in 2:237. These are explicit, as you can see, in each of the two situations, that is, before touching and after it, and there is no state in between the two. Thus the apparent obligation created by this is that (full) dower does not become due without touching, and touching here, as is obvious from it, is intercourse
Imam Abu HanifaFull dower becomes due with seclusion itself, unless he was in a state of ihram, ill, fasting in Ramadan, or she was menstruating.The ruling recorded from the Companions about this is that whoever closes the door behind him or lets down the curtain is obliged to pay dower and no one opposed them in what they decided.
Evidences :1 - Quran [4:20], 2 - Quran [4:21], 3 - Quran [2:237] [Hide/Show]
Tags :Worship,Marriage, Wali, Dowry, Deferment
See Also:The Amount
Unspecified Dowry
Deferment
References:2[pg:26]
Last Updated:2011-09-18

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