What is the legal ruling regarding the financial rights (deferred dowry, gold, list of movables, etc.) of a wife who refused marital intimacy for thirty-eight days because her family forced her into the marriage, and the matter ended in divorce?
It is not permissible to force a mature woman into marriage, whether she is a virgin or previously married. If a woman is coerced into marriage and does not consent to it, the predominant view is that the marriage is void.
However, if the woman assented to the marriage reluctantly but was not subjected to recognized coercion, the marriage is valid. Her refusal to allow her husband intimacy without a valid excuse constitutes 'nushuz' (marital disobedience).
If a man secludes himself with his wife after a valid marriage contract, her mahr (dower) becomes binding upon him, and she must observe the 'iddah' (waiting period), even if no intercourse occurred.
Issues on which there is a difference of opinion among scholars can be resolved through reconciliation between the parties or by referring them to the judiciary for a ruling.
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