Is the marriage to the aforementioned girl void, and do I have the right to reclaim the dowry paid, given that the marriage contract was solemnized without my consent?
The brother is reprimanded for his offensive remarks against the Hanbali madhhab and the madhahib of the Ahl al-Sunnah, as the Ummah has unanimously agreed on respecting them, and this statement is a breach of the Ummah's consensus. He is also reprimanded for describing people as closed-minded and rigid without a sharia standard.
In response to his question, if a woman is divorced before consummation, she is entitled to half of the mahr (both the immediate and deferred portions), unless she waives it or the husband waives the other half, based on Allah’s saying: "And if you divorce them before you have touched them and you have already specified for them an obligation [of mahr] – then for them is half of what you specified, unless they [the women] forgo it or he in whose hand is the marriage contract forgoes it. And that you forgo [it] is nearer to righteousness. And do not forget graciousness between you. Indeed, Allah is Seeing of what you do."
The marriage is not considered to have been entered into by coercion except under specific conditions. If the defiance (nushuz) comes from the girl, then the husband has the right to prevent her from marrying another or for her to redeem herself from him. As for the word "teenager," there is no sin in it, but it does not affect the obligation of half of the mahr if a divorce occurs.
Summarized from the full answer at Ftawy · imported
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- Source platform
- Ftawy
- Original fatwa ID
- 86439
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy