the unbelievers when the marriage is contracted with a forbidden item, as the details for that have already passed.

The second issue: The 'dowry of an equal' (mahr al-mithl) is mandatory. This is the view of most scholars, including Malik, al-Shafi'i, Abu Thawr, and the Jurists of Opinion (Ashab al-Ra'y). This is because the invalidity of the consideration requires the return of what was compensated for, and its return has become impossible due to the validity of the marriage, thus its value—which is the 'dowry of an equal'—becomes mandatory, just like one who buys something with an invalid price, takes possession of the item, and it perishes in his hand; he is obligated to pay its value. If he consummates the marriage, the 'dowry of an equal' is firmly established, according to them all. If one of them dies, the same applies, because death takes the place of consummation in completing and finalizing the dowry. Abu al-Khattab said: There is another narration that it is not established by death unless he had specified it for her. If he divorces her before consummation, she is entitled to half of the 'dowry of an equal'. Al-Shafi'i stated this as well. The Jurists of Opinion said: She is entitled to the gift of consolation (mut'ah); because if he had not designated a dowry for her, she would be entitled to the gift of consolation, and the same applies if he designated an invalid one, because this designation is equivalent to its non-existence. Al-Qadi mentioned in 'al-Jami'' that there is no difference between one for whom no dowry was specified and one for whom a forbidden item, like wine, or an unknown item, like a garment, was specified. In all these cases, there are two narrations: One, she receives the gift of consolation if he divorces her before consummation, because the termination of the contract requires the removal of the compensation it necessitated, like in a sale; however, we waived this regarding half of the specified amount due to their mutual consent to it, so that which they consented to is more appropriate, while in the case of the 'dowry of an equal', it remains upon the original principle that it is removed and the gift of consolation becomes mandatory. Second, that she is entitled to half of the 'dowry of an equal', because what the marriage contract necessitates is halved by divorce before consummation, and the 'dowry of an equal' was necessitated by the contract, so it is halved by it just like a specified dowry. Al-Khiraqi distinguished between the two, mandating half of the 'dowry of an equal' in the case of an invalid designation, and the gift of consolation in the case of the 'mu fawwada' (a woman married without a specified dowry). This is the school of al-Shafi'i, because the 'mu fawwada' consented to no compensation, and her private part returned to her intact, so mandating half the dowry for her has no basis; because Allah the Almighty mandated the gift of consolation for her, and mandating half the dowry is a combination of both or a cancellation of the textually mandated gift.