Is a dowry obligatory for a woman forced into adultery (*zina*)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The dowry is obligatory for a woman forced into adultery. The evidence is the saying of the Prophet (peace be upon him): 'Then she is due the dowry for what was made permissible of her private part.' This establishes the obligation against Abu Hanifa, as the one who forces the act treats the private part as permissible in an unlawful manner, analogous to treating unlawful things as permissible. This also justifies the dowry over the compensation for virginity (*arsh al-bikarah*) because the full right due in cases of presumed validity (mistaken belief or forced intercourse in a void contract) has been satisfied by the dowry, similar to the destruction of property or consumption of another's food.
Supporting text
There is an opposing narration from Ahmad, chosen by Abu Bakr, stating that there is no dowry for a previously married woman (*thayyib*) who was forced into adultery. Furthermore, some narrations attributed to Ahmad suggest that if a non-relative forces a virgin into adultery, the dowry and the compensation for virginity are both due. Abu Hanifa holds that no dowry is due for a woman forced into adultery.