Abu Hanifah's statement that she was satisfied with less than her dower is only valid if the contract itself were the cause [for obligation]. However, we have explained that it only becomes obligatory through the act of intercourse, so the full dower of the like must be paid, just as with intercourse in a marriage of uncertainty (wat' al-shubha).

Section: Nothing is obligatory for her by means of valid privacy (khalwa), according to the opinion of the majority of scholars, because the Prophet (peace and blessings of God be upon him) only made the dower obligatory for her through what he made lawful of her private part, meaning that he had intercourse with her, and he did not have intercourse with her [in this case]. The explicitly stated position from Ahmad is that the dower is established through valid privacy, by analogy to a valid contract, based on the view that the obligatory amount is what was specified in the contract, and we have already mentioned that.

Section: There is no prescribed punishment (hadd) for intercourse in a corrupt marriage, regardless of whether they both believed in its lawfulness or its prohibition. From Ahmad, there is that which indicates that the prescribed punishment is mandatory for intercourse in a marriage without a guardian if they believed it to be prohibited. This is the choice of al-Sayrafi, from among the companions of al-Shafi'i, due to what al-Daraqutni narrated with his chain of transmission from Abu Hurayrah, who said: The Messenger of God (peace and blessings of God be upon him) said: "A woman may not marry off another woman, nor may a woman marry herself off; for the adulteress is the one who marries herself off." And with his chain of transmission from al-Sha'bi, he said: "There was no one among the companions of the Prophet (peace and blessings of God be upon him) more severe regarding marriage without a guardian than Ali (may God be pleased with him), as he used to inflict punishment for it." Al-Shalanji also narrated with his chain of transmission from Ikrimah ibn Khalid that the road gathered a group of travelers, among whom was a previously married woman. A man proposed to her, and a man who was not her guardian married them off with a dower and witnesses. When they arrived to Umar (may God be pleased with him), their matter was referred to him, and he separated them and whipped both the husband and the one who performed the marriage. Our position is that the permissibility of this [type of marriage] is a matter of disagreement, so the prescribed punishment does not become mandatory because of it, just like marriage without