Is the compensation for virginity (*arsh al-bikarah*) obligatory when a dowry is due for forced adultery?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The compensation for virginity is not obligatory when a dowry is due for forced adultery. This is because intercourse that warrants a dowry is treated as an act where the compensation covers the benefit, similar to all other forms of intercourse. The dowry is the substitute for the benefit derived from penetration. Moreover, the compensation for virginity is included within the dowry itself, as the dowry of a virgin exceeds that of a non-virgin by the amount corresponding to her virginity. If the compensation for virginity were paid separately, it would result in paying for the same loss twice, meaning she would only be due the dowry of a non-virgin plus the compensation, which amounts to the dowry of a virgin. No further increment is permissible.