Retrieving the dowry and money after the dissolution of the engagement
Machine translationRead the Arabic original
Question:
This questioner says, may Allah preserve you: I have a brother in Allah who contracted marriage with a girl, but he left her after he had given her a dowry and some money. Is he entitled to recover this amount after parting with her, as well as the expenses he spent on her?
Answer:
First, the dowry has no basis in the religion. This is one of the customs that has no basis in Islam. If it is accompanied by the intention that this dowry brings the spouses together and begets love, then this is attachment to other than Allah the Exalted, and it is not permissible.
Second, if he contracted the marriage and paid her the mahr, or paid her some money, and then he wants to separate from her or divorce her, he is entitled to half of what he paid,[Al-Baqarah 2:237] meaning the mahr, [Al-Baqarah 2:237]. Yes.
The presenter:
May Allah reward you.
This questioner says, may Allah preserve you: I have a brother in Allah who contracted marriage with a girl, but he left her after he had given her a dowry and some money. Is he entitled to recover this amount after parting with her, as well as the expenses he spent on her?
Answer:
First, the dowry has no basis in the religion. This is one of the customs that has no basis in Islam. If it is accompanied by the intention that this dowry brings the spouses together and begets love, then this is attachment to other than Allah the Exalted, and it is not permissible.
Second, if he contracted the marriage and paid her the mahr, or paid her some money, and then he wants to separate from her or divorce her, he is entitled to half of what he paid,
And if you divorce them before you have touched them and you have already specified for them an obligation
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةًthen [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it
فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِThe presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 02/265 — archive.org (12:13)
The Arabic text is a machine transcription of the audio recording.