If a man divorces his wife before consummating the marriage, but after the marriage contract, is he entitled to reclaim the dower, gifts, and party expenses, regardless of whether the wife requested the divorce, or the husband desired it, or they mutually agreed upon separation? And does she have to observe an 'iddah (waiting period)?
A woman divorced before consummation or valid seclusion is entitled to half the mahr (dowry) and is not required to observe an (waiting period), in accordance with 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" [Al-Baqarah:237], and His saying: "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 waiting period to count concerning them" [Al-Ahzab:49].
However, if the divorce is initiated by the woman, her entire mahr is forfeited, and the man has the right to reclaim what he gave her of the mahr or to agree upon that when she requests the divorce, based on Allah's saying: "And it is not lawful for you to take anything of what you have given them, unless they both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself" [Al-Baqarah:229].
As for gifts, they are halved if they are customarily considered part of the mahr; otherwise, they are the right of the wife.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/46001
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 46001
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy