As a matter of recommendation, once consummation has taken place a dowry equivalent to that of comparable women becomes firmly due to each of them.
If a dowry was stipulated for one of the two women but not for the other, the marriage of the one for whom no dowry was named is annulled both before and after consummation. As for the woman whose dowry was specified, it is recommended to annul the marriage before consummation; after consummation the option of annulment lapses and she is entitled to a dowry equal to that of her peers.
A mutʿa marriage is invalid and must be annulled. It is the arrangement whereby a man marries a woman for a named sum and for a fixed term—whether a day, a month, or any known interval—on the understanding that the marital bond ends when that term expires. The ensuing separation is an annulment, not a divorce, whether before or after consummation. According to Mālik, if intercourse has taken place the named dowry becomes obligatory; but if nothing was named, or an amount was named that does not count as a dowry in his view, a dowry equal to that of similar women is due. In such a case the ḥadd penalty is waived, paternity is established, and she must complete the full waiting period.
Mālik gives the same ruling to what is known as a “day-time marriage” (nikāḥ al-nahāriyya): the dowry is binding, paternity is acknowledged, the waiting period is obligatory, and the union is annulled. This is a marriage contracted on the condition that the wife will visit her husband by day but not at night.
A muḥallil marriage is likewise invalid and must be annulled. It occurs when a man marries a woman whom another husband has divorced three times with the purpose of making her lawful for that former husband, intending to divorce her as soon as he has had intercourse with her. This intermediary—the muḥallil—is the one whom the Prophet ﷺ cursed. Anyone who marries a woman with that intent does not succeed in making her lawful for her first husband, even if both parties are aware of the purpose, so long as the marriage was entered into for tahlīl. Such a marriage is not allowed to stand and is annulled whether or not consummation has occurred. She becomes lawful for her former husband only through a genuine marriage entered into out of true desire, with no intention of serving as a muḥallil. Mālik and most of his companions stipulate that the intercourse must be fully lawful, free from any prohibition: she must not be fasting, in a state of pilgrim sanctity, menstruating, or observing retreat. If the husband has complete, lawful intercourse with her and then divorces her or dies, she becomes lawful for the first husband; otherwise, she does not.
The entire issue of the muḥallil marriage thus hinges on