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Is a woman who insisted on divorce after the marriage contract but before consummation, and whose husband took back all the gifts and gold—knowing that custom dictates that whoever seeks separation is left with nothing—considered wronged, and does she have any rights?

1 min readAlso available in العربية

If you are alone with a girl and have intercourse with her, the entire Mahr becomes due to her, even if her virginity is not broken, because a valid seclusion (khalwa) makes the full Mahr binding. The proof for this is what Imam Ahmad narrated from Zurarah ibn Awfa: "The Rightly Guided Caliphs, the Mahdis, decreed that whoever closes a door or lowers a curtain, the Mahr becomes due and the 'iddah becomes due."

And she must observe 'iddah for three menstrual cycles (quru'), and she is entitled to the full Mahr, both its upfront and deferred portions. You may take it if she willingly waives her right to it. The gifts are her property, and you may take them if she returns them.

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Source platform
Ftawy
Original fatwa ID
95123
Imported
Translation status
Source text, unreviewed
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