Is a dower obligatory for the consenting party in adultery (*zina*)?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 2 · Bab 1

Open in Qurani

Primary text

A dower is not obligatory for the consenting party (*mutawi'ah*) in adultery because she is offering something that should be offered to her. Therefore, nothing is incumbent upon her, similar to if she had permitted him to cut off her hand and he did so. The basis for this ruling is that the act is not considered a compensable injury against her person.

Supporting text

If the consenting party is a slave-girl (*amah*), the dower belongs to her master. Her consent does not nullify this obligation because the right belongs to someone other than herself, making it analogous to her consenting to the severing of her hand.