Fatwa ID: 76435
Title: Do I need a new mahr for a new marriage contract if the first one was invalid?
Category: Varieties
Scholar: Dr.Salah Al-Sawy
Date: 09/16/2008
Question
I wrote a new marriage contract with a woman, but I didn't pay her a new mahr (dowry), relying on the previous mahr, when the contract that I had already paid on turned out to be invalid. I just recently consummated the marriage, so is the second marriage contract valid, even though I have enjoyed her and touched every single part of her body?
Answer

In the Name of Allah, the Beneficent, the Merciful,

 

All praise is due to Allah, and may peace and blessing be upon the Messenger of Allah, upon his household, his companions and true followers. To proceed:

 

What is prohibited in terms of the mahr is that both spouses agree not to have a mahr. If they both remain silent on the matter, then a mahr equivalent to any other woman of her status will be affirmed as her right. His marriage is valid and his intimate relations with her are lawful. Although he should note that there is no minimal limit for the mahr according to the more correct of the two opinions held by scholars; anything he pays to the woman would be considered a mahr as long as she has agreed to it.

 

And Allah Almighty is the Most High, and He knows best.