Is dower (*mahr*) obligatory following seclusion (*khalwa*) in a void marriage (*nikah fasid*)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
Dower is not necessitated by seclusion in a void marriage. The dower obligation is established by consummation (*watu*), not by the contract or mere seclusion, and since consummation did not occur, no dower is due. This is evidenced by the rule that the dower is not halved upon divorce before entry, similar to seclusion with a non-mahram woman.
Supporting text
A narration from Ahmad suggests that seclusion in a void marriage carries the same ruling as seclusion in a valid marriage, whereby the dower becomes established just as it would in a valid marriage due to the initial act of seclusion being analogous. However, the former view is preferred.