He says: I contracted a marriage with a girl from a noble family through a valid Islamic marriage contract. After a month had passed since the contract was made, the girl rejected me, claiming that she does not want me.
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The questioner : He says: I contracted a marriage with a girl from a noble family through a valid Islamic marriage contract. After a month had passed since the contract was made, the girl rejected me, claiming that she does not want me, although she had agreed to marry me. I did my utmost to find out the reason, but to no avail. I consulted her family about the matter, and they said, "We cannot force her to be with you, and we will return to you what you paid according to what is written in the contract." I have lost thirty thousand riyals on the day of the marriage contract, and I have witnesses to that. I still wish to marry her, so please advise me: does she have the right to reject me after the contract has been made, or does she not have that right?
The Shaykh : She does not have the right to reject him after the contract has been made, because the marriage becomes binding upon the contract.
The questioner : Yes.
The Shaykh : Provided that it is in accordance with the applicable Islamic conditions. However, if you see that it is in the interest to agree to her divorce, then the best thing is to divorce her out of kindness to her, so as not to hold her freedom, and because it is possible that after consummation or after the birth of children, something disliked may occur between you, and you may be forced to divorce her after you have become more attached to her and after children have been born between you. What I see is that if she is insistent on separation, I see that the best for you, both in the present and the future, is to divorce her and to take back what you spent on her. For the Messenger of Allah (peace and blessings be upon him) said to the wife of Thabit ibn Qays, who had disliked him: She said: Yes. So the Prophet (peace and blessings be upon him) said to him: Sahih al-Bukhari 5273 So the Prophet (peace and blessings be upon him) advised him to divorce her, because the matter in this situation does not go well between the spouses, and strong dislike has arisen in the woman toward the husband. To prevent the harm of what is to come, it is necessary to respond to her request for divorce. So you divorce her and take back what you gave her in full.
The questioner : Does he take it in full, or half, because he did not consummate the marriage?
The Shaykh : Yes, he takes it in full, as long as the matter is in the way of requesting separation. He has the right to take it in full. But if he divorces her on his own initiative without an agreement between them, he is entitled to only half of the mahr if it was specified, or the enjoyment (matt') if it was not specified.
The questioner : Yes, if he takes it in full by them paying it to him, would this be khul'?
The Shaykh : Yes, it is from khul'.
The questioner : It is khul'.
The Shaykh : Yes.
The questioner : And is it not permissible for him to take her back after that?
The Shaykh : It is permissible for him to take her back with a contract.
The questioner : With a new contract?
The Shaykh : Yes, because khul' does not make her forbidden by a final divorce of major separation.
The questioner : Yes.
The Shaykh : But it makes her forbidden by a final divorce of minor separation, meaning that she is not lawful for him except with a contract.
The questioner : With a new contract.
The Shaykh : Yes.
The questioner : May Allah reward you with the best reward.
The Shaykh : She does not have the right to reject him after the contract has been made, because the marriage becomes binding upon the contract.
The questioner : Yes.
The Shaykh : Provided that it is in accordance with the applicable Islamic conditions. However, if you see that it is in the interest to agree to her divorce, then the best thing is to divorce her out of kindness to her, so as not to hold her freedom, and because it is possible that after consummation or after the birth of children, something disliked may occur between you, and you may be forced to divorce her after you have become more attached to her and after children have been born between you. What I see is that if she is insistent on separation, I see that the best for you, both in the present and the future, is to divorce her and to take back what you spent on her. For the Messenger of Allah (peace and blessings be upon him) said to the wife of Thabit ibn Qays, who had disliked him:
Will you return his garden to him?
أتردّين عليه حديقته؟Accept your garden, and divorce her once.
اقبل الحديقة وطلّقها تطليقةThe questioner : Does he take it in full, or half, because he did not consummate the marriage?
The Shaykh : Yes, he takes it in full, as long as the matter is in the way of requesting separation. He has the right to take it in full. But if he divorces her on his own initiative without an agreement between them, he is entitled to only half of the mahr if it was specified, or the enjoyment (matt') if it was not specified.
The questioner : Yes, if he takes it in full by them paying it to him, would this be khul'?
The Shaykh : Yes, it is from khul'.
The questioner : It is khul'.
The Shaykh : Yes.
The questioner : And is it not permissible for him to take her back after that?
The Shaykh : It is permissible for him to take her back with a contract.
The questioner : With a new contract?
The Shaykh : Yes, because khul' does not make her forbidden by a final divorce of major separation.
The questioner : Yes.
The Shaykh : But it makes her forbidden by a final divorce of minor separation, meaning that she is not lawful for him except with a contract.
The questioner : With a new contract.
The Shaykh : Yes.
The questioner : May Allah reward you with the best reward.