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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 115825
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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