views: The first is that it is divided according to their value among them. The second is that it is divided by the number of categories, so each category is assigned one-third of the dower. The third is that it is divided by the total number, so each item gets one-sixth of the dower; thus, the dog gets one-sixth, and each of the two pigs and the three wine skins gets one-sixth. The school of al-Shafi'i has a position similar to this.

Section: If he marries her in an invalid marriage, which is that which they are not allowed to remain in upon embracing Islam, such as the marriage of close female relatives, and they both embrace Islam before consummation, or they refer their case to us, they are to be separated, and she has no dower. Ahmad said regarding a Magian woman who is married to her brother or father, and he divorces her or dies leaving her, and she appeals to the Muslims requesting her dower: she has no dower. This is because it is a marriage that is void from its inception, which is not permitted to continue in Islam, and the separation occurred before consummation. As for if he has consummated with her, is the dower of her like due to her? This is derived from the two narrations regarding a Muslim who has intercourse with a woman among his prohibited relatives due to a misconception (shubha).

Section: If a dhimmi marries a dhimmi woman on the condition that there is no dower, or remains silent about mentioning it, she has the right to demand that it be established if it is before consummation, and if it is after it, she has the dower of her like, just as in the marriage of Muslims. This is the opinion of al-Shafi'i. Abu Hanifa said: If he marries her on the condition that there is no dower for her, then she has nothing, and if he remains silent about mentioning it, there are two narrations; one of which is that she has no dower, and the other is that she has the dower of her like. He argued that the dower is due for the right of Allah, may He be exalted, and her own right, and she has waived her right, and the dhimmi is not compelled regarding the right of Allah, may He be exalted. To us, this is a marriage that is devoid of specification, so the dower of her like is due for the woman, just as in the case of a Muslim woman. The dower is only made obligatory in the case of a mufawwada (a woman married without a specified dower) so that she does not become like a woman who is gifted away or simply made permissible, and this is present in the case of the dhimmi.