What is the ruling on the stipulated dowry when the Shighar contract is deemed valid due to the naming of specified dowries?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
When the contract is deemed valid because specific dowries were named, there are two views regarding the dowry. One view, held by Al-Shafi'i, states that the stipulated dowry is voided, and the dowry of the peer (*mahr al-mithl*) must be given. This is because the agreement to the specified amount was conditional upon the invalid exchange stipulation, rendering the specified amount unknown and thus void.
Supporting text
The second view, recorded by the judge in Al-Jami', is that the named dowry must be paid. This is because a specific, permissible amount was mentioned that could serve as a dowry, and thus it is valid, similar to stipulating a dowry of one thousand upon marrying a woman, with the condition that the husband retains one hundred from it.