What is the ruling if the option to annul is stipulated only regarding the dower (mahr)?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 10 · Bab 1

Open in Qurani

Primary text

If the option to annul is stipulated exclusively concerning the dower, the marriage contract itself is not void, as marriage can be valid even if the dower is unknown or voidable. Regarding the dower stipulation specifically, there are three views: first, the dower stipulation is valid, but the option condition is void, leaving the marriage valid. Second, the dower is valid, and the option regarding the dower is valid as it acts as a separate transaction akin to sales contracts. Third, the dower itself is void because the wife did not consent to it under those terms, similar to her not agreeing to any stipulated amount.