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What is the ruling of the court and Sharia regarding divorce before consummation and seclusion for a wife whose marriage contract was concluded three years ago, and her husband refuses to divorce her?

1 min readAlso available in العربية

If a man contracts a valid marriage with a woman, she becomes his wife, and he is permitted to do with her what a man is permitted to do with his wife.

So, do not rush to seek divorce, and try to resolve disputes through legitimate means. If the reason is the inability to provide the dowry, then it is better to grant him an extension.

A woman’s request for divorce without a valid reason is religiously prohibited, as the Prophet (peace and blessings be upon him) said: "Any woman who asks her husband for divorce without a strong reason, the scent of Paradise will be forbidden to her."

However, if there is a reason, there is no objection to seeking a divorce, even through khul‘. If the divorce occurs before consummation or seclusion, you are not obligated to observe an ‘iddah (waiting period), for Allah Almighty says: "O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is no ‘iddah prescribed for you to count against them" [Al-Ahzab:49]. And you are entitled to half of the stipulated dowry, for Allah Almighty says: "And if you divorce them before you have touched them, and you have already specified for them an obligation, then [give them] half of what you specified – unless they forgo it or he in whose hand is the marriage contract forgoes it" [Al-Baqarah:237].

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

Read the full answer on Ftawy