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The question

Is it permissible, Islamically, to deduct one-third of the salary as alimony for the fiancée, and is it permissible to claim that the girl's father received the entire dowry stipulated in the contract, even though he only received a part of it, or to count other expenses and add them to the dowry, given that the marriage has not been consummated and the girl is ill?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

First: Anything that leads to the aversion of one spouse is considered a defect that must be disclosed. If it is not disclosed, it necessitates annulment, such as chronic diseases.

Second: If the wife is divorced before consummation, then if a khalwa (private seclusion) occurred, the full mahr (dowry) is due; otherwise, half of it is due. Gifts and other expenses cannot be reclaimed.

Third: The husband is not obliged to provide maintenance for his wife unless she moves into his residence. If she moves in, he is obligated to do so, even if he has not consummated the marriage with her. He is also obligated to provide maintenance after divorce until the end of her iddah (waiting period) if khalwa occurred. If she does not move in with him, she is not entitled to maintenance, and he is not bound by anything that contradicts Islamic law.

Fourth: It is not permissible to swear an oath that is not true, as it is a perjurious oath (yamin al-ghamūs).

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
5746
Imported
Translation status
Source text, unreviewed
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