May a dowry be given or announced before the marriage contract, and could a marriage contract take place unintentionally if the bride and her guardian confirm receipt during the engagement ceremony?

Summary

The dowry (mahar) is the wife's right and becomes hers once a valid marriage contract is pronounced, and it is not a pillar of marriage. Agreeing on the dowry at an engagement therefore does not cause a marriage to take place unless all the pillars and conditions of a valid contract are met. If a dowry is given before the contract without explanation and the engagement ends, the man may reclaim it. In a dispute, the man's claim is accepted on oath where the gift was given generally, but where he clearly stated it as dowry without supporting evidence, the woman's claim that it was a gift is preferred, and once the contract has taken place he cannot reclaim it.

Written in our own words from the original fatwa — check the source before acting on it.