Obligation of dower when a slave marries without the master's permission and has intercourse.
General Chapter
Al-Mughni
Book of Marriage
Primary text
If the slave has intercourse with the woman, the master owes five things concerning the dower, as stated by 'Uthman, unless the total value exceeds the slave's worth, in which case the master is not liable for more than the slave's value or must hand over the slave. If there is no intercourse, there is no dower because the contract is void, and a void contract does not impose an obligation merely by its existence, similar to a void sale.
Supporting text
If intercourse occurs, the correct position in the school is that the dower is obligatory, based on the Hadith: 'Any woman who marries herself without the permission of her guardian, her marriage is void; but if he has intercourse with her, she has the dower for the legalized enjoyment of her private parts.' This is because he utilized the benefit of the private parts under the pretense of marriage, making the dower obligatory, as in other void marriages. An alternative narration from Ahmad suggests no dower is due if the slave marries without permission, which can be interpreted as applying before intercourse, or taken generally as the opinion of Ibn 'Umar, who administered the legal punishment (hadd) and cancelled the dower, arguing that she consented to intercourse outside a valid marriage, like consenting to fornication. However, if the woman was ignorant of the prohibition, she is entitled to the dower as compensation for intercourse under misconception. Another possibility is that the dower is due upon the slave's liability, to be followed up after manumission, which aligns with the later view of Al-Shafi'i.