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The question

What is the ruling of Islamic law regarding a girl who became religiously engaged (through the Fatihah and Mahr) to a man, then rejected him, and the man delayed dissolving the engagement and reclaiming the Mahr? Is it permissible for the girl to marry another person despite the first suitor's disapproval? And is she considered his wife, Islamically, prior to the civil contract?

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

If the legal marriage contract has been concluded with offer, acceptance, and witnesses, then the woman becomes the man's wife, and the non-registration of the contract in the civil registry does not affect its validity. Accordingly, the wife is not permitted to reject her husband or unilaterally annul the contract.

If the wife dislikes her husband, she has the right to seek divorce or khul' by returning what he gave her as mahr. If the husband takes the khul' payment but does not divorce her, the matter should be brought before a judge to compel him to do so. If it is not possible to bring the matter before the judiciary, some righteous individuals should be sent to speak with him to persuade him to divorce the girl.

Merely taking the mahr is not considered khul' unless there is a pronouncement from the husband; therefore, it is not permissible for her to marry another. However, if the agreement was preliminary and the contract was not concluded, then the man is not her husband and has no authority over her, even if he paid her the sadaq in advance.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
80738
Imported
Translation status
Source text, unreviewed
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