What amount of dower is obligatory for the wife following consummation of an invalid marriage?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The obligatory amount for her is the dower of the like (*mahr al-mithl*). Ahmad alluded to this, stating regarding a slave marrying without his master's permission that something is given, which Al-Qadi interpreted as the dower of the like. This is also the apparent view of Al-Kharqi and the established position of Al-Shafi'i. The evidence is that the Prophet, peace be upon him, made the dower conditional upon the intimacy, and intimacy necessitates the dower of the like. Furthermore, the contract itself is not the obligation's source, as evidenced by the ruling that if he divorced her before touching her, nothing is due. Since the contract is not the primary obligator, the act of intercourse alone becomes the obligator, requiring the dower of the like, similar to intercourse based on a mistaken belief (*watu' al-shubha*).
Supporting text
The view transmitted from Ahmad holds that the named dower (*al-musammā*) is due, based on a narration of Aisha's Hadith: 'And she has what he gave her for what he took from her.' Abu Hanifa states that the obligatory amount is the lesser of the named dower or the dower of the like, arguing that if she consented to less than the dower of the like, she should not receive more, like in a valid contract, but if the named dower was greater, the excess is not due because it lacked a sound contract.