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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The bridal gift of a woman divorced before consummation after the marriage contract

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Question:
Honorable Shaykh, here is a lengthy letter in which the sender discusses how to adjudicate the financial rights of the wife. He says: I am a young man who contracted a marriage with a girl. Before the contract and the proposal, we had already agreed on the mahr (bridal gift), the deferred portion, and other matters. I was in the room with the girl’s father, my brother, and my cousin. When I asked the girl’s father to clarify what he wanted, he said, “I will not take the mahr, nor will I take furniture for the apartment or bedding such as curtains and the like; those are on me.” I clarified that the mahr is a right of the wife established by the Shari'ah. Then my cousin said, “I considered the necklace, which is gold, to be the mahr for my wife.” I said to him, “And I also consider the necklace to be the mahr for my wife.” The father did not object at that time, even though he was present with us in the room, despite his presence and the fact that my cousin’s words were clear and audible, because we were in a small room. The mahr was written in the contract as follows, for example: one thousand as the prompt portion and one thousand as the deferred portion. I informed my wife of this contract, stating that the necklace is her mahr and that she has the freedom to dispose of it, as that is her right. Now the divorce has occurred, and there is a dispute over the wife’s financial rights. We ask you, Honorable Shaykh, to clarify the ruling of the Shari'ah in this matter. May Allah grant you success. Please note that I did not consummate the marriage with the wife.

Answer:
This is a judicial matter, so we refer it to the Shari'ah courts to look into it. However, the Shari'ah rule is that if a man divorces his wife before consummation and has specified a mahr (bridal gift) for her, she is entitled to half of the mahr. Allah the Exalted said:
And if you divorce them before you have touched them and you have already specified for them an obligationوَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً
[Al-Baqarah 2:237]
, meaning you have specified a mahr for them,
then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes itفَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ
[Al-Baqarah 2:237]
. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، صداق المرأة المطلقة قبل الدخول بها بعد العقد عليها - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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