the father took it from her; because we assumed that the entirety became hers, then the father took it from her, so it becomes as if she had received it and then he took it from her. Likewise, if he gave her one thousand as a dowry for her and one thousand for her father, then she renounced Islam before consummation, would he return for the thousand the father received, or for that which is upon her? There are two views.

1203 - Issue; he said: (And if he gave her a young slave as a dowry, then he grew up, then he divorced her before consummation, then if she wishes, she gives him half of his value on the day the contract was concluded, or she gives him half of him plus the increase, unless he was useful while small for something he is not useful for when grown, in which case he is entitled to half of his value on the day the contract was concluded, unless he wishes to take what she offered him of his half).

There are rulings in this issue; among them is that the woman gains ownership of the dowry upon the contract. This is the view of the generality of the scholars, except that it was narrated from Malik that she does not gain ownership except of half of it. It was narrated from Ahmad what points to that. Ibn Abd al-Barr said: This is a matter in which the predecessors and the traditions differed, but as for the jurists today, they are of the opinion that she gains ownership of it. The saying of the Prophet (peace and blessings of Allah be upon him): "If you give her your garment, you sit without a garment," is evidence that the entire dowry belongs to the woman, and the man retains nothing of it. It is because it is a contract through which one gains ownership of the compensation at the time of the contract, so ownership of the entire compensation is acquired as in a sale. The falling away of half of it due to divorce does not prevent the obligation of the whole of it by the contract. Do you not see that if she renounced Islam, the whole of it would fall away, even if she had already gained ownership of half of it? When this is established, its growth and increase belong to her, whether she has taken possession of it or not, whether it is connected or disconnected. If it was Zakat-eligible wealth and a full year passed over it, its Zakat is upon her. Ahmad stated this explicitly.