What is the ruling of Islamic law regarding the dispute that has arisen between the husband and the wife's family due to the non-completion of the marriage and the demand for the dowry after the wife's family refused to return it?
May Allah reward the questioner for doing what is obligatory by not mingling at the wedding, and he should have a good opinion of Allah. The wisdom in these situations lies in educating the family about the prohibitions of the Sharia before they occur. Since the man divorced his wife before consummating the marriage, he is only entitled to half of the mahr. The husband must contact his wife, either by letter or phone, to explain to her that married life is only joyful through obedience to Allah, and that what he did was out of a desire to build a home that pleases Allah. After that, he should demand that he be enabled to be with his wife without demanding mahr or threatening divorce. If they refuse, he can take the case to court, which will compel them either to enable him to be with his wife or to return the mahr through khul‘. And if he is the one demanding the mahr and threatening divorce, he will be awarded half of the mahr. This advice is offered if the wife is righteous and religious. However, if he made a poor choice, it might be better for him to look for someone else, remembering the Prophet's (peace be upon him) saying: "So win the one who is religious, you will prosper."
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- Original fatwa ID
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