Section: If the husband denies the specification of the dowry and claims that he married her without a dowry, then if it is after consummation, we examine: If the woman claims the dowry of a similar woman (mahr al-mithl) or less, it becomes obligatory without an oath; because if she were to confirm his statement regarding that, the dowry of a similar woman would become obligatory, so there is no benefit in the disagreement. If she claims less than the dowry of a similar woman, she is acknowledging her own decrease from what is due to her by the husband’s claim, so her statement must be accepted without an oath. If she claims more than the dowry of a similar woman, the oath is incumbent upon him to deny that, and she is entitled to the dowry of a similar woman. If their disagreement is before consummation, it is based on the two narrations concerning when they disagree about the amount of the dowry; if we say: the statement is the husband's, then she is entitled to the consolation gift (mut'ah), and if we say: the statement is that of the one who claims the dowry of a similar woman, her statement is accepted regarding what she claims as her similar's dowry. This is if he divorces her. If he does not divorce her, the dowry of a similar woman is imposed upon her according to both narrations, and whoever we say has the weight of the statement, the oath is upon him.

1206 - Issue; he said: (And if he married her without a dowry, she has no right over him if he divorces her before consummation, except for the consolation gift.)

The general principle is that the marriage contract is valid without specifying a dowry, according to the opinion of the majority of scholars. This is evidenced by the words of Allah Almighty: {There is no blame upon you if you divorce women while you have not touched them nor specified for them a mandatory dowry, but provide them with a consolation gift}. It was narrated that Ibn Mas'ud was asked about a man who married a woman and did not specify a dowry for her, and he did not have consummation with her until he died. Ibn Mas'ud said: She is entitled to the dowry of the women of her family, neither decreased nor excessive, she must observe the waiting period, and she has a share in the inheritance. Then Ma'qil ibn Sinan al-Ashja'i stood up,