What amount of dower is due to a wife after consummation if she admits to prior knowledge of the incestuous relationship?
General Chapter
Al-Mughni
Book of Fosterage (Breastfeeding)
Primary text
If the admission of incest occurred after consummation, the dower due to her is the lesser of the agreed-upon amount (musamma) or the customary dower (mahr al-mithl). This is because if the agreed amount is lower, her statement requiring more is not accepted. If the customary dower is lower, she is not entitled to more, as she acknowledges her right stemmed from intercourse under misconception, not the marriage contract itself.
Supporting text
If her admission of the suckling relationship occurred before the marriage contract, the marriage is invalid. Her retraction from this admission is not accepted in the apparent ruling because her declaration did not invalidate an existing marriage bond, thus the admission regarding the prohibition upon herself stands.