Friday, November 24, 2017 - 6 Rabi' al-Awwal 1439

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The rights of a divorced woman whose marriage was not consummated

I conducted my marriage contract but did not consummate the marriage. Now [the bride] requests a divorce. What are her rights in Islamic law?

Answer


Divorce before consummation of marriage is final.

A wife's unilateral request for divorce

A woman is entitled to those rights that she and her spouse agree upon if the divorce was based on her wish, she attends the divorce sitting, and absolves her husband of all or some of her rights prescribed by Islamic law.

Divorce through khul'

A wife whose husband does not wish to divorce her and who is granted a divorce through khul' is to return to him both the advanced portion of her dowry which includes the shabka and the items included in the registry of furniture and absolve him of the deferred dowry.

Divorce in absentia

A wife who does not attend the divorce sitting and is divorced in absentia, is entitled to half of the agreed upon dowry (both of its advanced and deferred portions). This includes half of the shabka which the husband has presented her since it is considered part of the dowry as well as the household furnishings which he has promised to purchase or which he has indeed purchased since it is her right and which constitutes the rest of her dowry. This is in addition to the furnishings which she or her guardian purchased, all of which belong exclusively to her. Allah the Almighty says,And if you divorce them before consummation, but after the fixation of a dower for them, then half of the dower (is due to them), unless they remit it or (the man's half) is remitted by him in whose hands is the marriage tie. [Al-Baqarah, 237]
Allah the Almighty knows best.

Related links
» What is the ruling of Islamic law if a person is uncertain whether he has divorced his wife or not?
» When does the divorce effectively take place?
» What is the legal precinct for the alimony of a divorced woman?
» The ruling for an unregistered divorce in the presence of witnesses
» Keeping contact with my former spouse is necessary. How should I deal with him?