The Ruling on the Bridal Gift in the Case of Divorce Before Consummation
Machine translationRead the Arabic original
Question:
The questioner says: The period between the marriage contract and the completion of the wedding was prolonged, then disputes arose between me and my wife’s family, and the separation ended without the wedding being completed. What is the ruling in Islamic law regarding the wife with whom he has not consummated the marriage, specifically concerning the bridal gift?
Answer:
Yes, if you contracted the marriage with her and specified a mahr for her, and then you divorced her before consummating the marriage, she is entitled to half of it, and the other half returns to you if you claim it according to the Shari'ah.[Al-Baqarah 2:237] meaning the mahr [Al-Baqarah 2:237]. Yes.
The presenter:
May Allah reward you, Honorable Shaykh
The questioner says: The period between the marriage contract and the completion of the wedding was prolonged, then disputes arose between me and my wife’s family, and the separation ended without the wedding being completed. What is the ruling in Islamic law regarding the wife with whom he has not consummated the marriage, specifically concerning the bridal gift?
Answer:
Yes, if you contracted the marriage with her and specified a mahr for her, and then you divorced her before consummating the marriage, she is entitled to half of it, and the other half returns to you if you claim it according to the Shari'ah.
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
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْunless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness.
إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ وَأَن تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰThe presenter:
May Allah reward you, Honorable Shaykh
Source
نور على الدرب - الفوزان - 03/002 — archive.org (14:20)
The Arabic text is a machine transcription of the audio recording.