By contracting the marriage with a woman, she becomes his wife, even if he has not consummated the marriage
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The second question of Fatwa No. ( 8843 )
Q2: A man wants to marry a woman, so he paid the mahr to her guardians, but he did not hold a wedding celebration. Is this woman considered the wife of this man, such that the rulings of a wife apply to her or are imposed on her, or is she not considered a wife?
A2: If he contracted a valid Islamic marriage with her but has not consummated it, she is his wife, and she has the ruling of a wife with whom the marriage has not been consummated: she is entitled to half the mahr if he divorces her before consummation, and the waiting period is not obligatory for her in the case of divorce; as Allah the Exalted said:[Al-Baqarah 2:237]
the verse, and His saying:[Al-Ahzab 33:49] As for if he dies before consummation without divorcing her, she is entitled to the full mahr, she observes the waiting period for widowhood, and she inherits from him. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: A man wants to marry a woman, so he paid the mahr to her guardians, but he did not hold a wedding celebration. Is this woman considered the wife of this man, such that the rulings of a wife apply to her or are imposed on her, or is she not considered a wife?
A2: If he contracted a valid Islamic marriage with her but has not consummated it, she is his wife, and she has the ruling of a wife with whom the marriage has not been consummated: she is entitled to half the mahr if he divorces her before consummation, and the waiting period is not obligatory for her in the case of divorce; as Allah the Exalted said:
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلا أَنْ يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ وَأَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَىthe verse, and His saying:
O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
