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The question

What are the rights of the young man and woman after the engagement is broken, especially since the young man swore an oath of divorce if his fiancée went to a specific wedding, and she did indeed go, then denied it?

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

Firstly: If the husband swore by divorce that his wife would not attend a wedding party, there is a difference of opinion among jurists regarding this matter. The majority hold that divorce occurs immediately upon the wife’s breaking the oath and attending. Divorce before consummation is considered a minor separation (baynunah sughra) that necessitates a new marriage contract. Sheikh al-Islam Ibn Taymiyyah, however, held that in the case of a conditional divorce, one should refer to the husband's intention: if he intended divorce, it occurs; but if he only intended prohibition, he must pay an expiation for an oath (kaffarat yamin) and no divorce occurs.

Secondly: If divorce occurs before consummation, the wife is entitled to half of the dowry, based on the Almighty’s saying: (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).

Thirdly: If divorce does not occur and the wife dislikes continuing the marriage without a significant harm from the husband, it is forbidden for her to seek divorce. The husband has the right to refuse divorcing her until she waives her dowry or part of it (khul’).

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
8106
Imported
Translation status
Source text, unreviewed
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