What is the Shariah ruling regarding the issue of the Mahr (dowry) after the wife requests a divorce and the husband accepts it, and is a valid seclusion (khalwa) without consummation considered consummation, taking into account what the husband paid in Mahr and gifts and what he recovered?
If a husband secludes himself with his wife in a valid seclusion where intercourse is possible, the full Mahr (dowry) becomes binding, and the ' (waiting period) becomes obligatory. This is the view of the majority of jurists. Any additional amount the husband pays on top of the Mahr after the marriage contract is considered part of it. As for gifts related to the marriage, they are returned to him if the divorce occurs before consummation, but not if it occurs after consummation. If the woman requests a divorce without harm, her request is not obligatory to fulfill, and the husband is permitted to refuse to divorce her until she forfeits her Mahr to him, or part of it. If the spouses agree on something from the Mahr in exchange for the divorce, there is no objection to that. In case of dispute, the judge will rule on the matter.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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