What are the legal rulings regarding the dower (mahr), the waiting period (iddah), alimony (nafaqah), and compensatory gift (mut'ah) in the event of divorce before consummation? And is the situation considered a khul' (divorce at the wife's instance) if the wife insists on the divorce? And can the husband reclaim the expenses he incurred for the marriage?
Firstly, the husband is responsible for the financial support and housing of his wife, and she is not obliged to assist him unless he stipulates a portion of her salary in exchange for her going out to work.
Secondly, seclusion (al-khulwah) is considered tantamount to consummation (ad-dukhool), entailing the full dowry and the obligation of the waiting period (') for the wife. She is entitled to financial support during the 'iddah. The Companions unanimously agreed that whoever closes a door and lowers a curtain, the wife is entitled to the dowry and is obligated to observe the 'iddah.
Thirdly, you are not obligated to divorce her. If she and her family insist on divorce, you may request compensation for it by way of khul' (a wife seeking divorce from her husband by returning the dowry or offering compensation), such as relinquishing the dowry or demanding what you have spent.
Fourthly, if virginity was not lost through intercourse or proper seclusion, and then divorce occurred, she remains a virgin, both in reality and legally. There is no impediment to describing her as such in the marriage contract, or describing her as a divorced virgin.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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