What is the legal consequence of sexual intercourse (watu') with a slave woman under a void marriage contract?
General Chapter
Al-Mughni
Book of Marriage
Primary text
Sexual intercourse with a slave woman under a void marriage is treated legally as a transgression (jinayah) requiring compensation (daman), even if performed without the master's permission. Consequently, the dower becomes obligatory in this specific instance.
Supporting text
If this act were not legally treated as a transgression requiring compensation, nothing would be obligatory, as the act was performed with the consent of the one entitled to her [the slave woman, potentially].