Does the dissolution of a contract that was otherwise sound (after consummation) retroactively render the contract invalid from its inception?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
Dissolution does not render the contract retroactively invalid. Dissolution establishes its ruling from the moment it occurs, without retroactive effect. If a sale contract is dissolved due to a defect, the contract does not become fundamentally void, nor does any increase in value (نمو) revert to the seller. Similarly, if a female slave (amah) was sold, and consummation occurred, the dower equivalent is not then due based on that consummation, and the same ruling applies to marriage.