Is stipulating the divorce of another existing wife as the dower (mahr) valid?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The specification (tasmiah) of the divorce of another wife as the dower for a new marriage is invalid. The wife is entitled to the customary dower (mahr al-mithl). This is the preferred position of Abu Bakr and the majority of jurists. The basis for this is that such a stipulation does not constitute property, contradicting the divine command concerning marriage (Quran 4:24), which permits seeking wives with wealth. Furthermore, the Prophet - peace be upon him - forbade a woman asking for the divorce of her co-wife to take her place, stating she is only entitled to what is ordained for her. Another narration states it is impermissible for a man to marry a woman in exchange for the divorce of another. This is analogous to using prohibited benefits, such as wine, as dower.
Supporting text
A differing opinion from Ahmad holds that the specification is valid because it involves an actual benefit for the wife, providing her relief from sharing her husband, dealing with her harm, and jealousy. This is supported by analogy to the validity of making the manumission of her father or the sewing of her garment as dower, and is similar to the exchange of compensation in Khul' (redemption of divorce).