Giving the wife her full mahr after divorce
Question
One of my friends got married to a guy. Only nikaah was performed but no rukhsati. It was an arranged matter. The two people were in love and decided to consummate the marriage. But after few months of nikah their were some issues between the families of the guy and the girl, all those issues led to the divorce of the couple. Now when the things were exchanged between the families, half of the mahar was also returned as the family elders didn't know that the couple had consummated the marriage. My friend has not forgiven any mehar to her ex husband. In that case what does the Quran and hadith say? Kindly enlighten me about the matter. Does the guy owe her that rest half of mehar that was returned at the time of divorce?
Answer
If the nikaah was consummated, then the entire mahr will have to be given to the girl.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/13701
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-13701
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