Am I entitled to claim the Mahr, and what is the ruling on the Iddah, if I request a divorce after the husband and his family have breached the agreed-upon marriage conditions and refused to provide the Mahr?
If a husband has a valid privacy with his wife, where intercourse is usually possible, then this privacy is considered by many scholars to be equivalent to consummation. By it, the full named mahr (dowry) becomes binding, and the wife is obliged to observe the iddah (waiting period). Ibn Qudamah mentioned that this is narrated from the Rightly Guided Caliphs, Zayd, and Ibn Umar, and it is the opinion of a number of jurists. Accordingly, the wife is entitled to the full named mahr (both its immediate and deferred portions). However, the equivalence of privacy to consummation is a matter of scholarly disagreement, and disputed matters that involve contention cannot be resolved by a fatwa; rather, they must be referred to the Sharia judge for resolution.
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