Ruling on the divorce of a woman married before consummation
Machine translationRead the Arabic original
Question:
The listener (A. S. Q.) sent a case in which he says: A man proposed to a girl, and her family agreed, as did the bride-to-be. The marriage contract was concluded at the court, and the wedding was to take place after a period of time. Soon, problems arose from the husband, so he divorced her before he had reached her. We have learned that she has no waiting period as long as he has not reached her. However, he had paid a sum of money, and from that sum, gold and expenses, among other things, were taken. Is the entire amount returned to him, or not, or is half the amount returned? Please guide us on this matter. May Allah reward you with good.
Answer:
If the aforementioned man did not consummate the marriage and did not seclude himself with her in complete seclusion, such that the door was closed upon them, then half of the mahr is returned to him, by the saying of Allah (Exalted and Majestic is He): [al-Baqarah:237]. If she forgives, there is no harm. If she forgives, her right is dropped.
And if he forgives, his right is dropped. Otherwise, she must return half of what reached her from him, such as gold and other things. She has no waiting period, by the saying of Allah (peace and blessings be upon him) : [al-Ahzab:49]. Yes.
The presenter : May Allah reward you with good.
The listener (A. S. Q.) sent a case in which he says: A man proposed to a girl, and her family agreed, as did the bride-to-be. The marriage contract was concluded at the court, and the wedding was to take place after a period of time. Soon, problems arose from the husband, so he divorced her before he had reached her. We have learned that she has no waiting period as long as he has not reached her. However, he had paid a sum of money, and from that sum, gold and expenses, among other things, were taken. Is the entire amount returned to him, or not, or is half the amount returned? Please guide us on this matter. May Allah reward you with good.
Answer:
If the aforementioned man did not consummate the marriage and did not seclude himself with her in complete seclusion, such that the door was closed upon them, then half of the mahr is returned to him, by the saying of Allah (Exalted and Majestic is He):
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
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَنْ يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِAnd if he forgives, his right is dropped. Otherwise, she must return half of what reached her from him, such as gold and other things. She has no waiting period, by the saying of Allah (peace and blessings be upon him) :
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. So provide for them and give them a gracious release.
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًاThe presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.