What is the legal ruling regarding the dower (mahr) for a woman married with a void dower specification, or one where the dower was not specified (Mufawwadiyyah)?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
For a woman whose marriage contract involved a void dower specification, or a marriage contracted by someone other than her father without her consent and without any dower (mahr), or one where the dower specified was invalid, the mandatory dower due is the Mahr al-Mithl (dower commensurate with her peers). If divorce occurs before consummation, this mandatory dower is halved. She is not entitled to Mut'ah (consolatory gift). This is the apparent ruling found in the statement of Al-Khiraqi, and it is the position of Al-Shafi'i. The evidence for requiring the halving upon divorce before consummation is that she had a mandatory dower established before the divorce, thus it must be halved, similar to a case where a specific dower was named. Alternatively, since she did not consent to forgo the dower entirely, Mut'ah is not obligatory, unlike the woman who agreed to no dower, as she consented to forgo the dower while her physical integrity remained intact, justifying the consolation of Mut'ah.
Supporting text
A view from Ahmad holds that she is entitled to Mut'ah but not half the dower, likening her status to that of a woman whose entire sexual integrity (bud') was entrusted (Mufawwada al-bud') [to the husband's discretion]. This view is also attributed to Abu Hanifa, based on the reasoning that her contract lacked a valid specification of dower, thus resembling a woman for whom nothing was specified regarding dower.