Is anything due to the wife for seclusion (*khulwa*) in an invalid marriage?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 6 · Bab 1

Open in Qurani

Primary text

Nothing is due to her for seclusion (*khulwa*) according to the majority of scholars. This is based on the Prophet's statement that made the dower due for having made his private part permissible, which implies actual penetration (*iṣābah*), not merely seclusion.

Supporting text

The transmitted position from Ahmad is that the dower is established by seclusion, drawing an analogy to a sound marriage contract and relying on the view that the named dower is the obligation stemming from the contract itself.