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What is the religious ruling concerning a wife divorced by her husband before consummation, based on her family's request, and does this invalidate her right to the Mahr (dowry) and the deferred dowry?

1 min readAlso available in العربية

If a woman is divorced before consummation and privacy, she is entitled to half of the mahr (dower), as Allah Almighty says: "And if you divorce them before you have touched them but after you have appointed for them a dower, then [give them] half of what you appointed — unless they forgo it or he in whose hand is the marriage contract forgoes it." However, if the divorce occurs after privacy, she is entitled to the full mahr. It is permissible for the woman to waive her right, or for the husband to stipulate this in exchange for the divorce. If the prevailing custom is to waive the right of the divorced woman upon her request, and this custom is consistent and known to both parties, then this is considered a waiver on her part, for "what is known by custom is like what is stipulated by condition." But if the custom results from ignorance of women's rights, then it holds no weight, and her right is not forfeited except by the husband's stipulation and their agreement. Divorce before consummation obligates half of the mahr even if it is at the woman's request. This differs from annulment due to her fault (such as her apostasy or a defect in her), which forfeits her right to the mahr.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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