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What are the Sharia rulings resulting from a man divorcing a woman with whom he had a legitimate marriage contract (aqd shar'i) but no civil marriage contract, knowing that the mahr (dower) was not specified, and there was a valid seclusion (khalwa sahīhah) but no consummation (intercourse)?

1 min readAlso available in العربية

Firstly: A marriage is valid with the presence of a guardian (wali) and two witnesses, even if the dowry (mahr) is not mentioned. In this case, the wife is entitled to a dowry equivalent to that of her peers (mahr al-mithl). Secondly: If a woman is divorced before consummation or valid seclusion (khalwa), she is entitled to half of the dowry if it was specified; otherwise, she is entitled to a compensatory gift (mut'ah) whose value is determined according to the husband's financial status. Thirdly: If a valid seclusion takes place between the spouses before the divorce, the wife is entitled to the full dowry, and she must observe the waiting period ('iddah). This is the view of the majority of scholars.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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