What is the religious ruling regarding a man and a woman between whom a "Fatiha" ceremony took place in the presence of an imam, a guardian, witnesses, and a dowry (a ring, a sum of money, and a gold set which the man did not provide), and they had previously agreed to document the marriage, but after the Fatiha, the man requests that she "come to him for enjoyment," and the woman refuses due to the marriage not being documented, and after 8 months the man asks for the return of what he gave her of the dowry after the woman's refusal to marry without documentation? Is the woman sinful before God? Is the man entitled to retrieve what he gave, and is the gold set that the man did not bring counted among what he gave?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The questioner has no right to refuse her husband's intimacy or to move in with him, as long as he has given her the prompt dower and she was aware of his condition, unless she was unaware of his condition and was harmed by the lack of registration, in which case she has the right to refuse. If the man divorces her before consummation, she is entitled to half of the dower, whether she has received it or not, based on the Almighty's saying: "And if you divorce them before you have touched them and you have already specified for them an obligation, then for them is half of what you specified."
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/116182
- Source platform
- Ftawy
- Original fatwa ID
- 116182
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy