When does the payment of the advance and deferred dowry for the fiancée become forfeited in the event of a broken engagement?
If the marriage contract was Islamically concluded in the presence of two witnesses, then the woman is considered a wife, and the validity of the contract does not depend on its documentation. If she is divorced, she is entitled to half of the agreed-upon Mahr (dowry) and half of the gifts that are considered part of the Mahr. However, if it was merely an engagement and the contract was not concluded, the fiancée is not entitled to any part of the Mahr upon the dissolution of the engagement, and the suitor has the right to reclaim what he sent as Mahr. As for gifts, it is preferable for both parties to return them upon the dissolution of the engagement.
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- Original fatwa ID
- 192502
- Imported
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