Back to search
The question

Is a husband considered to have wronged his wife in an 'urfi (customary) marriage if he divorces her and annuls the marriage contract, and then she voluntarily waives the mahr (dower) and the deferred mahr and signs an agreement to that effect, while he still suffers from obsessions that prevent him from repenting?

Share this answer

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

The guardian is a condition for the validity of marriage according to the most preponderant opinions of jurists. If the marriage contract is concluded in imitation of Abu Hanifa, it becomes effective. If the husband consummates the marriage with his wife and then divorces her, she is entitled to the full dowry. If she waives any of her rights in exchange for the divorce and absolves her husband, she does not have the right to claim it. However, if her waiver of the dowry was in hope of the continuation of the marriage, this falls under the category of a gift of reward, in which the giver may revoke it if their purpose is not achieved. In case of dispute, the Sharia court should be consulted, while emphasizing the danger of being lenient in dealing with foreign women and being in seclusion with them.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
139238
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy