Is it permissible for the sister or the father to take the shabaka (bridal gift) and the check presented as a penalty clause after discovering the young man's deception and his agreement to divorce, knowing that both parties had agreed to it?
The considered compatibility in marriage is religious devotion and character; social or professional differences are not taken into account. If divorce has not occurred, it is preferable for the wife to remain under her husband's protection. If divorce occurs before consummation, the wife is entitled to half of the dowry. The "shabka" (engagement gift) belongs to the husband, unless custom dictates that it is part of the dowry, in which case she is entitled to half of it, or if he gifted it to her and she took possession of it, then it becomes her property. If the check represents the deferred dowry, the woman is entitled to half its value. The interest in completing the marriage and safeguarding the chastity of the couple should transcend worldly interests.
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