Is it permissible to divorce one's wife a year after the marriage contract but before the consummation of the marriage due to disagreements with her family?
The husband is advised not to rush into divorcing his righteous and compatible wife due to problems with her parents. If divorce is necessary, the following applies:
1. The Mahr (Dowry): The wife is entitled to the full mahr if he has consummated the marriage or had privacy with her (according to the three Imams). She is entitled to half the mahr if he has not consummated the marriage or had privacy with her, as Allah Almighty says: "And if you divorce them before you have touched them and you have already specified for them an obligation, then for them is half of what you specified." It is recommended to waive the other half.
2. The ' (Waiting Period): The 'iddah is obligatory if he has consummated the marriage or had privacy with her (according to the three Imams). No 'iddah is required for her if he has not consummated the marriage or had privacy with her, as Allah Almighty says: "O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any 'iddah to count concerning them."
3. Gracious Separation: The separation must be with kindness, as Allah Almighty says: "and release them with a gracious release" and "or release with kindness."
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/50956
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 50956
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy