Is what the questioner stated — that the aforementioned woman is only entitled to half of the dowry if she is divorced — considered a mistake, an injustice, and a fatwa without knowledge, even though he is aware of the exchange of kisses and physical touching that occurred between the spouses?
Divorcing a woman before consummation (Dukhool) necessitates giving her half of the agreed-upon Mahr (dowry), based on the Almighty's saying: ﴿And if you divorce them before you have touched them and you have already specified for them an obligation [of mahr] - then for them is half of what you specified - unless they [the women] forgo it or he in whose hand is the marriage contract forgoes it.﴾
Scholars have differed regarding the situation where the husband secludes himself with his wife before consummation: The majority: Seclusion establishes the full Mahr and necessitates the (waiting period). The Malikis and Al-Shafi'i in his new school of thought: Seclusion without intercourse does not complete the Mahr.
It is not permissible for anyone to issue a without knowledge.
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- Original fatwa ID
- 102144
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