The ruling on the mahr of a woman who was married without her consent and then requested divorce from her husband
Machine translationRead the Arabic original
I hope for a clarifying answer to this question: A man married a woman, and it has now been about three months. During this period, it became clear to him, according to her own statement, that her mother did not explicitly take her opinion regarding the marriage to him.And she says to her husband: She does not want him, and he has consulted with scholars during this period and done everything in his power, because he believes she is ill. However, may Allah know best, she is feigning illness because she does not want this man as her husband.His Eminence the Shaykh: What is the husband's legal right and the wife's right regarding the mahr if the wife wants a divorce in the following two cases? First: if during this period he did not have intercourse with her, meaning: her virginity was not broken.
Second: If he had intercourse with her during this period?
First: If the man believes the woman is truthful in her statement that her opinion was not taken, he must divorce her; this is because a marriage without the wife's consent is not valid, due to the prohibition of the Prophet (peace and blessings be upon him) of it, where he said: (Do not marry a virgin until her permission is sought) . And if he did not believe her based on what appeared to him of her condition, that she is lying, then the marriage is valid; this is because a wife may claim that her opinion was not taken, when it was taken, but she disliked the husband and made this claim. In any case, if he sees that the girl is righteous and that she is truthful, it is obligatory for him to believe her, accept her statement, and separate from her. But if it is more likely in his opinion that she is lying, there is no blame on him if he keeps her, and perhaps circumstances will change.
As for the mahr, the mahr has become fixed by his seclusion with her; because seclusion with a woman whose marriage contract has been concluded fixes the mahr according to the stronger position, whether he had intercourse with her or not. But if he sees, based on the fact that the woman's family deceived him, to say to them: I want you to guarantee the mahr for me; because you deceived me, there is no blame on him in this case; because they deceived him by making him think the woman was willing when she was not willing.
The questioner: The wife's family wanted this husband because of his trustworthiness and his character?The Shaykh: But the problem is the wife.
The questioner: The wife says when her opinion was taken: that she did not give her opinion explicitly, and in her heart she was saying: I do not want him, and she was only crying and did not state her opinion explicitly?The Shaykh: Did her family know about this crying, or is it more likely in their opinion that she cried out of dislike for the husband, or that she cried because of parting from her family?The questioner: I do not know.
The Shaykh: This is necessary,And for this, some scholars said: If the virgin's permission is her silence,If she did not say: I do not want him, this is permission,They said: Even if she cried, and they explained this statement by saying that she might cry out of fear of parting from her family, not out of dislike for the husband.
The questioner: She previously said that she explicitly stated that she did not want him, but when the marriage contract was written, when her mother asked her, she said: that she cried and did not indicate her opinion explicitly.
The Shaykh: In any case, since she explicitly stated at first that she did not want him, this crying is crying out of dislike, so the marriage is not valid, and it is obligatory for him to separate from her. He has the right to return to her family, who deceived him, the mahr he gave them.
The questioner: Does he take the full mahr?The Shaykh: He takes the full mahr from her family if he had paid it to them.
Second: If he had intercourse with her during this period?
First: If the man believes the woman is truthful in her statement that her opinion was not taken, he must divorce her; this is because a marriage without the wife's consent is not valid, due to the prohibition of the Prophet (peace and blessings be upon him) of it, where he said: (Do not marry a virgin until her permission is sought) . And if he did not believe her based on what appeared to him of her condition, that she is lying, then the marriage is valid; this is because a wife may claim that her opinion was not taken, when it was taken, but she disliked the husband and made this claim. In any case, if he sees that the girl is righteous and that she is truthful, it is obligatory for him to believe her, accept her statement, and separate from her. But if it is more likely in his opinion that she is lying, there is no blame on him if he keeps her, and perhaps circumstances will change.
As for the mahr, the mahr has become fixed by his seclusion with her; because seclusion with a woman whose marriage contract has been concluded fixes the mahr according to the stronger position, whether he had intercourse with her or not. But if he sees, based on the fact that the woman's family deceived him, to say to them: I want you to guarantee the mahr for me; because you deceived me, there is no blame on him in this case; because they deceived him by making him think the woman was willing when she was not willing.
The questioner: The wife's family wanted this husband because of his trustworthiness and his character?The Shaykh: But the problem is the wife.
The questioner: The wife says when her opinion was taken: that she did not give her opinion explicitly, and in her heart she was saying: I do not want him, and she was only crying and did not state her opinion explicitly?The Shaykh: Did her family know about this crying, or is it more likely in their opinion that she cried out of dislike for the husband, or that she cried because of parting from her family?The questioner: I do not know.
The Shaykh: This is necessary,And for this, some scholars said: If the virgin's permission is her silence,If she did not say: I do not want him, this is permission,They said: Even if she cried, and they explained this statement by saying that she might cry out of fear of parting from her family, not out of dislike for the husband.
The questioner: She previously said that she explicitly stated that she did not want him, but when the marriage contract was written, when her mother asked her, she said: that she cried and did not indicate her opinion explicitly.
The Shaykh: In any case, since she explicitly stated at first that she did not want him, this crying is crying out of dislike, so the marriage is not valid, and it is obligatory for him to separate from her. He has the right to return to her family, who deceived him, the mahr he gave them.
The questioner: Does he take the full mahr?The Shaykh: He takes the full mahr from her family if he had paid it to them.