What are the rights and obligations resulting from the dissolution of a marriage contract by divorce, in the case of a valid contract that was not followed by consummation and was interspersed with procrastination from the wife?
A woman is not permitted to refuse her husband if he desires to be intimate with her, except for a valid excuse such as being too young or having a temporary illness. She is allowed to request a short delay (two or three days) to prepare herself.
A wife has the right to refuse to surrender herself until she receives her mahr (dowry), and if she refuses, her maintenance is not obligatory.
If the wife desires a divorce, the husband may refuse to divorce her until she waives some of his rights.
If the husband desires a divorce before consummation, the wife is entitled to half of the agreed-upon mahr, unless she waives it or he waives his half. However, if the mahr was not specified, she is entitled to a compensatory gift (mut'ah) determined by the judge.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/115825
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 115825
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy