What is the ruling regarding the dower (mahr) when a woman knowingly enters a marriage that is forbidden to her?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a woman knows she is not truly his wife and that she is prohibited to him (muharram), yet allows him intimacy, she is considered an obedient adulteress, and no dower is incumbent upon him. However, if she was ignorant of the situation or the prohibition, she is entitled to the dower, and the person who deceived him shall bear the cost.

Supporting text

A narration from Ali (may God be pleased with him) states that in a case where two men married two women, and each wife was mistakenly given to the other man, both men are entitled to the dower, and each must separate from his current wife until her Iddah concludes. This view is shared by Al-Nakha'i, Al-Shafi'i, Ishaq, and the followers of opinion (Ahl al-Ra'y).