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The question

What is the fiancée entitled to after she requests the annulment of the engagement and divorce, two and a half months after the marriage contract and payment of the down payment, knowing that no legal seclusion (khulwa shar'iyya) has occurred? And is she entitled to the full half of the dower? And is the fiancé entitled to reclaim the gold and the remaining amount? And should the reclamation be in Syrian Lira or US Dollars, taking into account the exchange rate difference?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Disputes between spouses regarding the dowry or financial rights are resolved through the Sharia judiciary.

If the wife requests a divorce without any harm from the husband, he has the right to refuse until she forfeits her dowry or a portion of it.

If the husband divorces her before consummation, without a condition to forfeit any part of the dowry, she is entitled to half of the stipulated dowry (both deferred and immediate); this is based on the Almighty's saying: "And if you divorce them before you have touched them and you had already specified for them an obligation, then for them is half of what you specified – unless they forgo it or he in whose hand is the marriage contract forgoes it. And to forgo is nearer to righteousness. And do not forget graciousness between you. Indeed, Allah, of what you do, is Seeing."

Changes in currency value do not affect how half the dowry is paid, although some scholars have held that one should resort to the current value in cases of significant change, differing on the standard for such a change.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
188762
Imported
Translation status
Source text, unreviewed
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