
What is the dowry for divorce without cohabitation? 6322222987
Ahle Haq Bangla Media Service•wedding-divorce•
Question
A person I know lives in a foreign country, his parents discuss with him about the upbringing of a girl and he wants his opinion on marrying the girl, but the boy disagrees with his parents. In spite of this, his parents talked about marriage with the girl's side and the boy's side and the girl's side together called him and told him that this moment you are married. At first the son directly disapproves, but the moment he thinks of hurting his mother's heart (despite disapproving in mind) he keeps quiet and gets married. Now what he needs to know is:
- How much is the marriage on mobile?
- The boy actually did not agree to this marriage from the beginning, due to which the boy is under a lot of mental stress, still he is not happy in this marriage and after few days of the marriage his parents also feel that it is not right to bring the said girl as their child's wife. . Because, the girl does not have hair in the middle of the head, which is known to the boy, but the parents did not know, it was revealed to them after marriage. (Note that the girl's family is inferior to the boy's family in terms of respect. Moreover, they (daughter's side) do not have such a good relationship with the villagers).
- If he wants to divorce the girl at this moment, how much Shari'ah will it be?
- And since there is no marriage between them yet, if you want to divorce the girl, to what extent will it be legal according to the Shari'a, if you give the divorce, do you have to pay the dowry in full? Please let me know the solution of these problems in Shariah perspective. A special request that would have benefited from a quick reply. 7931736472
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
Marriage is not a child's play. When the will is thrown, and when the will is broken. Marriage is an act of worship. This is the Sunnah of our Prophet. Marriage should not be made into a laughing matter, a toy. Forced to marry, and then dislike themselves again, such a rude behavior was not appropriate for the boy's parents. First house is good or not? These should have been verified. Boys or girls should not be forced into marriage by applying mental pressure in this way. Those who will marry, also have likes and dislikes. So parental coercion is nothing but an exaggeration. It will be advisable to take care of these things in the future. Now check the answers. The answer to No. 1 is that if the method of marriage is not clarified on mobile, is the marriage valid or not? It is impossible to say. First, the method of teaching marriage should be explained in clear language. Then the solution can be given in this matter. Generally there are two methods of mobile marriage. Namely- a) By proposing and accepting the bride or bride to the groom on mobile. b) The groom or the bride appoints a lawyer to perform the marriage through the mobile phone of any person who is next to the groom or the bride. Then the lawyer on behalf of the bride or groom presents the proposal directly to the bride or groom in front of two adult Muslim witnesses. And the two witnesses hear the proposal and accept it from the front to complete the marriage. Between the above two surahs, marriage is not done in the first surah. But in the second sura marriage becomes pure. Is the person married or not? You can determine it yourself by the description of the above two methods. في الدر المختر- (و) شرط (حدور) شهدين (حرين) و حر وحرتين (مكلفين سامعين قولهما معا) (الدر المختر, كتاب النكاح,-3/9) Translation-The condition for the marriage to be valid is the mukallaf of the Shari’ah (on whom the law of the Shari’ah imposed) shall be two independent male witnesses or one independent male and two female witnesses, who shall be present and hear both the proposition and acceptance. (Ad Durrul Mukhtar-3/9, Fatwae Hindia-1/268) The answer to No. 2 is that these are excuses. Why did not meet before the wedding? Now the girl has no hair on her head. Why would a girl be harassed after getting married? Let any marriage break up, it is not supported by Islam at all. But if it was a religious matter, then it is a different story. Physical problems are no one's personal fault. It is given by Allah. It is nobody's jurisdiction. If a girl is chased away on these futile excuses, maybe Allah Ta'ala can throw the family into a bigger danger or problem. So there will be a request to consider things thoughtfully, giving priority to the Hereafter. The son-in-law and father-in-law will have a request to see his wife as a daughter and not as a wife. Answer to No. 3 Islam does not support divorcing a wife on these pretexts. But if he divorces, then the divorce will be null and void. عَنْ أَبِي هُرَيْرَةَ, قَالَ: قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: لَا يَفْركْ مُؤْمِنٌ مُؤْمِنَةً, إِنْ كَرِهَ مِنْهَا خُلُقًا رَضِيَ مِنْهَا اخَرَ Narrated by Hazrat Abu Huraira RA. The Prophet (peace be upon him) said, no believing man should consider any believing woman as an enemy. For, if he dislikes one of his deeds, he will prefer another. (Sahih Muslim, Hadith No-1469, Musnad Ahmad, Hadith No-8363) عَنْ عَائِشَةَ قَالَتْ: قَالَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: ” إِنَّ مِنْ أَكْمَلِ الْمُؤْمِنِينَ إِيمَانً, أَحْسَنَهُمْ خُلُقً, وَالْطَفَ هُمْ بِأَهْلِهِ Narrated by Hazrat Aisha. The Prophet (peace and blessings of Allah be upon him) said, "The most complete believer among the believers is the person who is virtuous and kind and gracious to his family." (Sunan Tirmidhi, Hadith No-2612, Musnad Ahmad, Hadith No-24204) Answer to Question No. 4 Physical intercourse is not necessary to divorce a wife. So if you don't want to keep the said girl as wife, you can divorce. The husband has this power. And in this case if dowry is fixed at the time of marriage, then half of the fixed dowry must be given to the girl. And if the marriage is done without specifying the dowry, then one pair of clothes such as a shirt, a pajama, and a skirt must be provided. And if the wife voluntarily waives her right to dowry, then the dowry will be waived. No stamp is required. And if you don't forgive, then you have to pay. And the (2:237) ) and if touching after sealing Divorce before marriage, then half of the dowry has to be paid. Of course, if the women forgives or if the marriage bond by which she (i.e., the husband) forgives, it is a separate matter. And if you men forgive, it will be nearer to forgiveness. And don't forget about mutual sympathy. Indeed, whatever you do, Allah sees it very well. (Surat al-Baqarah-237) (2:236) If you divorce your wives before you touch them and before any sealing is done, there is no sin on you. But it will cost them something. And for the able according to their ability and for the less able according to their ability. Costs that are prevalent are the responsibility of the righteous. (Surah Baqarah-236) 4542658487
- والله اعلم باالصواب -
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