Is the compensation for permanent injury (arsh) included within the liability of the customary dower (mahr mithliha) when intercourse occurs under misconception?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The compensation for the permanent injury (arsh) and the customary dower (mahr) are both obligatory and do not negate each other. The dower is obligatory for the utilization of the benefit of the private part (manfa'at al-bid'). The compensation (arsh) is obligatory due to the destruction of the barrier (hâ'iz). Therefore, the benefit is not encompassed within the liability for the destruction.