Does a woman who was not a virgin at the time of marriage, and whose condition was concealed, deserve the deferred dower upon separation after four years without childbirth?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The entire dowry is confirmed upon consummation by scholarly consensus. Similar to consummation, legitimate privacy (khalwa shar'iyya) also confirms the dowry according to the Hanbalis and Hanafis, and one opinion among the Shafi'is. As for the Malikis, the dowry becomes binding if the wife resides with the husband for a year, even if no consummation occurs. Based on this, the wife is entitled to the full dowry if she is divorced at the husband's discretion. However, if she is the one desiring the divorce, the husband has the right not to divorce her unless there is an agreed-upon compensation.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 114442
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