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

Book 35 · Issue 2 · Bab 3

Open in Qurani

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.