Section
A woman who is married with no dower stipulated, or with a defective dower, is to be assigned a dower equivalent to that of her peers by the judge. If the couple come to an agreement between themselves—even on a token amount—the agreement is valid⦗1⦘ and binding. When a separation occurs that entitles her to one-half of the dower⦗2⦘—whether the dower was set by the judge or by their mutual agreement—she is owed the consolation gift (mutʿa). The affluent husband must give according to his capacity⦗3⦘, and the poor husband according to his means. Its upper limit is a servant; its minimum, when he is unable to afford more, is a garment in which she can perform her prayers.
Section
In an irregular (fāsid) marriage, no dower becomes due unless there has been seclusion or intercourse. If either occurs, the named dower becomes fixed; if none was named, then a dower equivalent to that of her peers is due.
In a void (bāṭil) marriage, no dower is due except for vaginal intercourse. The same rule applies to a woman who is slept with under a mistaken belief of legality and to one coerced into fornication, but not to a willing participant⦗4⦘—unless she is a slave-girl.
A separate dower is incurred for every distinct act involving doubtful legality or coercion.
Whoever ruptures the hymen of an unrelated woman without intercourse must pay the indemnity for virginity; and if he removes it