Back to search
The question

What is the ruling on what occurs in the mosque during the Fatiha session, in which the conditions for marriage are fulfilled, and is فسخ (annulment/dissolution) permissible without divorce in this case?

Share this answer

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

A marriage contract is concluded by the offer and acceptance between the husband and his guardian or agent, and the separation between spouses occurs through divorce. If the husband divorces his wife before consummation and seclusion, a final divorce (talaq bain) occurs, and he has no right of return to her. However, he may remarry her with a new dowry, and she is not required to observe an 'iddah (waiting period), according to the Almighty's saying: (O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is no 'iddah [period] for you to count against them. So provide for them and [then] release them with a gracious release.) Al-Ahzab/ 49. The divorced woman before consummation is entitled to half of the stipulated dowry. If no dowry was stipulated, she is entitled to a compensatory gift (mut'ah), as stated by the Almighty: (There is no blame upon you if you divorce women before consummating the marriage or specifying for them a dowry. And give them [thereafter] a gift, he who is of abundance according to his abundance, and he who is restricted according to his restriction - a provision of good repute, a duty upon the doers of good. And if you divorce them before you have touched them but you have already specified for them a dowry, then [give them] half of what you specified, unless they [the women] forgo it or he in whose hand is the marriage contract forgoes it. And that you forgo it is closer to righteousness. And do not forget graciousness between you. Indeed, Allah, of what you do, is Seeing.) Al-Baqarah/ 236, 237. There is no annulment of the contract except by a ruling of the Sharia or the judge.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
5281
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy