What is the amount due to a woman divorced by her husband in absentia, who had not consummated the marriage, and what is the ruling concerning the cash receipt and the sum of money in my possession? Is it permissible for the divorced woman to retract her intention to donate it to charity?
If a man divorces his wife before consummating the marriage and he had specified a mahr (dowry) for her, she is entitled to half of the mahr. It is recommended to waive the half that is obligatory. She is also entitled to mut'ah (a compensatory gift), unless the divorce was due to a fault of hers or by way of ibra' (release from obligation). What the wife is entitled to is half of the total mahr (both immediate and deferred) in addition to the mut'ah. The statement by the wife's family that financial entitlement is determined regardless of Islamic law is serious and must be reconsidered. If the wife claims divorce and the husband denies it, his word is accepted unless the woman has clear evidence (two just witnesses). However, if the divorced woman retracts her intention to donate money to charitable organizations, it is permissible as long as she has not vowed it, though it is preferable for her to fulfill her promise.
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- Ftawy
- Original fatwa ID
- 93710
- Imported
- Translation status
- Source text, unreviewed
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