Is the mistress entitled to compensation for the defect (*arsh*) due to the pregnancy caused by the wrongful intercourse?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
It is argued that the mistress should be entitled to claim compensation for the defect (*arsh*) because the diminution resulted from his wrongful act, placing him in the position of a usurper. This ruling is considered the most sound view by some scholars of the Shafi'i school.
Supporting text
Some scholars of the Shafi'i school hold two conflicting opinions regarding the entitlement to *arsh* in this matter, while others state that demanding the *arsh* should be correct in all circumstances because the defect arose from his transgression.