What is the ruling when the stipulated dower is unlawful, such as the price of a pig?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
When the stipulated dower (*tasmiyah*) is unlawful (e.g., a pig), the stipulation itself is void, but the marriage contract remains valid. This is the established position of Imam Ahmad and the majority of jurists, including Al-Thawri, Al-Shafi'i, and the companions of Abu Hanifa. The justification is that the contract remains valid because if the dower had been permissible but unknown (like a usurped or unknown item), the contract would not be voided, and the same principle applies to a prohibited dower. Since the contract of marriage is not voided by ignorance of the substitute value, it is not voided by its prohibition.
Supporting text
A minority view, narrated from Abu Ubaid and chosen by Abu Bakr 'Abd al-Aziz, holds that the marriage contract itself is void. This view is supported by the idea that making a prohibited item the dower resembles an invalid contract like *nikah al-shighar*. Another view, narrated from Malik, states the marriage is confirmed if consummation has occurred, but voided if it occurred before. The ruling that the marriage is voided if the dower is prohibited before consummation is countered by stating that the invalidity of the substitute value does not exceed its absence; if it were absent, the contract would be valid.