Is a marriage contract valid if the dower (mahr) is specified as a slave who is a debt obligation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The marriage contract is valid if the dower is specified as a slave whose value is owed (masuf fi al-dhimmah) because such an item is valid as consideration in a sale (bay').
Supporting text
If the husband offers the monetary equivalent (qimah) of the slave, it is not obligatory for the wife to accept it, according to Al-Shafi'i and the preferred view of Abu Al-Khattab. However, Al-Qadi ruled that she must accept the monetary equivalent, drawing an analogy to camels in blood money (diyah).