The dowry of a similar woman. A valid delegation (tafwid) is when a woman who is legally competent permits her guardian to marry her off without a dowry or by delegating the amount thereof, or if her father marries her off in such a manner. As for if someone other than her father marries her off without mentioning a dowry and without her permission to do so, then the dowry of a similar woman becomes mandatory. Al-Shafi'i said: There is no delegation except in the first case. The discussion with him has already preceded regarding the fact that the father is permitted to marry his daughter off for less than the dowry of her similar, and thus his delegation is also permissible. So, if the one whose person was delegated (mufawwidat al-bud') is divorced before consummation, she has nothing but the mut'ah (consolatory gift). Ahmad has explicitly stated this, according to a narration of a group, and it is the view of Ibn Umar, Ibn Abbas, al-Hasan, Ata', Jabir ibn Zayd, al-Sha'bi, al-Zuhri, al-Nakha'i, al-Thawri, al-Shafi'i, Ishaq, Abu Ubayd, and the اصحاب الرأي (People of Opinion). There is another narration from Ahmad that what is mandatory for her is half of the dowry of a similar woman; because it is a valid marriage that mandates the dowry of a similar woman after consummation, so it mandates half of it upon divorce before consummation, just as if an unlawful dowry was named. Malik, al-Layth, and Ibn Abi Layla said: The mut'ah is recommended, not mandatory, because Allah the Exalted said: "It is an obligation upon the good-doers," so He specifically assigned it to them, which indicates it is by way of benevolence and favor, and benevolence is not mandatory. Also, because if it were mandatory, it would not have been restricted to the good-doers to the exclusion of others. Our argument is His saying, the Exalted: "And grant them a gift," which is a command, and a command implies obligation. The Exalted also said: "And for the divorced women is a provision according to what is appropriate - a duty upon the righteous." And the Exalted said: "O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count against them, so grant them a gift." Furthermore, it is a divorce in a marriage that implies a compensation, so it cannot be devoid of compensation, just as if a dowry had been named; and the fulfillment of an obligation is part of benevolence, so there is no contradiction between them.

Section: If he fixes a dowry for her after the contract, then divorces her before consummation, she is entitled to half of what he fixed for her,