What is the ruling of Islamic law and what is required of a man who has contracted his marriage to his cousin (his mother's sister's daughter), but has not yet consummated the marriage, nor has he specified a mahr (dower) or a deferred dower, and problems have arisen between them leading to the intention of divorce?
It is advisable not to rush into divorce and to retain one's wife, even if she is disliked, provided she is righteous in her faith, as Allah states: "And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it much good."
However, if her dislike leads to her oppression and the denial of her rights, then divorcing her is preferable.
In the case of divorce, there are three scenarios regarding the "shabka" (engagement gifts/jewelry): 1. If the shabka was designated as a dowry (mahr) or it is customary for it to be considered such, and the divorce occurs after a valid private seclusion (khalwa shar'iyya), the wife is entitled to the entire dowry. 2. If the shabka was designated as a dowry or it is customary for it to be considered such, but there was no valid private seclusion, the wife is entitled to half of the shabka if the divorce occurs before consummation, as Allah states: "And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified." 3. If the shabka was not designated as a dowry, nor is it customary for it to be considered such, and there was no valid private seclusion, the wife is only entitled to "mut'ah" (a compensatory gift), which is a sum of money paid to her according to the husband's means, as Allah states: "There is no blame upon you if you divorce women before you have touched them or specified for them an obligation. But give them [a gift of] compensation - upon the wealthy [be] according to his ability, and upon the poor [be] according to his ability - a provision of good repute, a duty upon the doers of good."
Regarding the shabka itself, if it was a gift, it cannot be reclaimed. If it was a loan and proven by evidence, the husband has the right to reclaim it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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