Is the guardian liable for the dowry (Mahr) when a marriage to a minor, foolish, or insane woman is annulled?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
When a marriage involving a minor, foolish, or insane woman is annulled due to an act that dissolves the marriage—such as breastfeeding by someone that invalidates the marriage, apostasy (Riddah), specific conditions for divorce related to the foolish person, or breastfeeding by a non-mahram woman—the guardian has no right to waive any portion of the dowry. This ruling is singular according to the available reports. The same prohibition applies according to the position of Al-Shafi'i without dispute.
Supporting text
The distinction between this case and the case of a minor whose marriage was arranged by her guardian is that in the minor's case, the guardian's action in marrying her resulted in the dowry being earned. In the current situation, nothing was earned by the guardian; rather, the dowry returns to the woman due to the dissolution of the marriage.