A woman who was married under duress according to her claim and requested divorce: What is the husband's legal right and the wife's legal right regarding the mahr in the two cases of whether he had intercourse with her or not?
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The questioner : Peace be upon you, and Allah’s mercy and blessings.
The Shaykh : Peace be upon you, and Allah's mercy and blessings.
The questioner : I hope for a clarifying answer to the following question: A man married a woman, and it has now been about three and a half months. During this period, it became clear to him, according to his wife's statement, that her opinion was not explicitly sought regarding the marriage to him by her mother. She tells her husband that she does not want him.
He has consulted with her during this period and done everything in his power because he believes she is ill, but, may Allah know, she is feigning illness because she does not want this man as her husband. O honorable Shaykh, what is the husband's legal right and the wife's right to the mahr if the husband wants a divorce in the following two cases?
The first: if he did not have intercourse with her during this period, meaning the hymen was not broken. The second: if he had intercourse with her during this period. May Allah reward you with good?
The Shaykh : First: if the man believes that the woman is truthful in her statement that her opinion was not sought, he must divorce her; he must divorce her. This is because a marriage without the wife's consent is invalid due to the prohibition of the Prophet (peace and blessings be upon him), where he said:Jami` at-Tirmidhi 1107Sahih (Darussalam) And if he does not believe her based on what has become apparent to him about her condition, namely that she is lying, then the marriage is valid.
This is because the wife may claim that her opinion was not sought, even though it was, 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 for keeping 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 to whom a marriage contract has been made 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, that he should say to the woman's family: "I want you to guarantee me the mahr because you deceived me," then 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. Yes.
The questioner : The wife's family wanted that husband because of their trust in him and his character?
The Shaykh : Yes, but the problem is the wife.
The questioner : The wife says that when her opinion was sought, she did not give her opinion explicitly, meaning she wanted him, but in her heart she was saying: "I do not want him."
The Shaykh : Meaning she remained silent.
The questioner : No, she says: "I do not want him."
The Shaykh : But she remained silent.
The questioner : She was crying and did not state her opinion explicitly.
The Shaykh : Okay, but 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 reason, some scholars said: The permission of an unmarried woman is her silence if she does 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 says that previously she explicitly stated that she did not want him.
The Shaykh : So it means she did not give permission.
The questioner : But when the marriage contract was being written, when her mother asked her, she says that she cried and did not indicate her opinion explicitly.
The Shaykh : In any case, if she did not explicitly state at the beginning that she did not want him, then this crying is crying of dislike, and the marriage is invalid. He must separate from her, and he has the right to return to her family who deceived him with what he gave them of the mahr.
The questioner : Does he take, for example, the full mahr?
The Shaykh : He takes the full mahr from her family.
The questioner : Whether he had intercourse with her or not?
The Shaykh : Whether he had intercourse with her or not, as long as he was secluded with her. Yes.
The Shaykh : Peace be upon you, and Allah's mercy and blessings.
The questioner : I hope for a clarifying answer to the following question: A man married a woman, and it has now been about three and a half months. During this period, it became clear to him, according to his wife's statement, that her opinion was not explicitly sought regarding the marriage to him by her mother. She tells her husband that she does not want him.
He has consulted with her during this period and done everything in his power because he believes she is ill, but, may Allah know, she is feigning illness because she does not want this man as her husband. O honorable Shaykh, what is the husband's legal right and the wife's right to the mahr if the husband wants a divorce in the following two cases?
The first: if he did not have intercourse with her during this period, meaning the hymen was not broken. The second: if he had intercourse with her during this period. May Allah reward you with good?
The Shaykh : First: if the man believes that the woman is truthful in her statement that her opinion was not sought, he must divorce her; he must divorce her. This is because a marriage without the wife's consent is invalid due to the prohibition of the Prophet (peace and blessings be upon him), where he said:
a virgin should not be given in marriage until her permission is sought
لا تُنكح البكر حتى تُستَأذنThis is because the wife may claim that her opinion was not sought, even though it was, 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 for keeping 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 to whom a marriage contract has been made 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, that he should say to the woman's family: "I want you to guarantee me the mahr because you deceived me," then 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. Yes.
The questioner : The wife's family wanted that husband because of their trust in him and his character?
The Shaykh : Yes, but the problem is the wife.
The questioner : The wife says that when her opinion was sought, she did not give her opinion explicitly, meaning she wanted him, but in her heart she was saying: "I do not want him."
The Shaykh : Meaning she remained silent.
The questioner : No, she says: "I do not want him."
The Shaykh : But she remained silent.
The questioner : She was crying and did not state her opinion explicitly.
The Shaykh : Okay, but 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 reason, some scholars said: The permission of an unmarried woman is her silence if she does 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 says that previously she explicitly stated that she did not want him.
The Shaykh : So it means she did not give permission.
The questioner : But when the marriage contract was being written, when her mother asked her, she says that she cried and did not indicate her opinion explicitly.
The Shaykh : In any case, if she did not explicitly state at the beginning that she did not want him, then this crying is crying of dislike, and the marriage is invalid. He must separate from her, and he has the right to return to her family who deceived him with what he gave them of the mahr.
The questioner : Does he take, for example, the full mahr?
The Shaykh : He takes the full mahr from her family.
The questioner : Whether he had intercourse with her or not?
The Shaykh : Whether he had intercourse with her or not, as long as he was secluded with her. Yes.