Is the money that the court ordered for me after my divorce from my husband halal or haram, given that I was the one who sought the divorce, and I had not consummated the marriage with my husband, nor had I returned his engagement gold?
It is not clear to us how the husband initiated the divorce, nor the basis for the ruling regarding the aforementioned amount. Therefore, the question should be presented to a scholar who can be provided with the full details of what occurred.
Generally, divorce occurs when the husband pronounces it explicitly (e.g., "You are divorced") or implicitly with the intention (e.g., "I don't want you"), and it also occurs through writing with intention.
A woman divorced before consummation is entitled to half of the agreed-upon dowry, based on Allah's saying: "And if you divorce them before you have touched them and you have already specified for them an obligation, then [give them] half of what you specified." She is also entitled to mut'ah (a compensatory gift), which is not fixed and is determined by the husband's financial standing, whether he is well-off or in straitened circumstances, based on Allah's saying: "And give them [a compensatory gift]—upon the wealthy [giver] according to his means, and upon the poor [giver] according to his means."
As for the jewelry (al-shabkah): if it was a gift, it belongs to the woman. If it was part of the dowry or customary practice dictates so, its ruling is that of the dowry. If it was a loan for the purpose of adornment, it remains the husband's property.
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- Ftawy
- Original fatwa ID
- 188490
- Imported
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- Source text, unreviewed
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