Excerpt: Fatawa Aman Puri by Sheikh Ghulam Mustafa Zahir Aman Puri
Question:
If a man marries a pregnant adulteress, has also had seclusion with her, and then divorces her, what is the amount of the dower (Mahr) owed by the husband?
Answer:
If a woman who has committed adultery marries the same person with whom she committed the act, the marriage can take place during her pregnancy; however, she cannot marry another person during her pregnancy. If she marries someone else, that marriage is invalid, but in the case of cohabitation, the woman is entitled to the full dowry, because even in an invalid marriage, cohabitation makes the dowry obligatory. Sayyida Aisha (may Allah be pleased with her) narrates that the Messenger of Allah (peace be upon him) said:
أيما امرأة نكحت بغير إذن وليها فنكاحها باطل، فنكاحها باطل، فنكاحها باطل، فإن دخل بها فلها المهر بما استحل من فرجها، فإن استجروا فالسلطان ولي من لا ولي له
"Any woman who marries without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid. If a man has intercourse with her, she will receive the dowry in exchange for the man's making her private parts lawful, and if there is a dispute among the guardians (other than the father), then the ruler is her guardian, for one who has no guardian."
Reference: (Musnad Ishaq: 499, Musnad Imam Ahmad: 165/6, Musnad Al-Humaydi: 228, Musnad Al-Tayalisi (Minhah: 305/1), Sunan Abu Dawood: 2083, Sunan Ibn Majah: 1879, Sunan Al-Tirmidhi: 1102, Al-Sunan Al-Kubra for Al-Nasa'i: 5394, Musnad Abu Ya'la: 2083, Sunan Al-Daraqutni: 221/3, Al-Sunan Al-Kubra for Al-Bayhaqi: 105/7, and its chain is good)
It has been established that through an invalid marriage, cohabitation also makes the dowry obligatory.
