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Fatwa CenterHalf of the dowry comprises both the advanced and the deferred portions
Question
I am a bride with a concluded marital contract. Consummation has not taken place yet and I want to be divorced due to several reasons. I want to know my rights. I know that half of the dowry is due to me as Allaah The Exalted Says (what means): {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.} [Quran 2: 237]
Does it only mean the deferred portion of the dowry or the total of both the advanced and the deferred portions of the dowry? Are there any other rights due to him or me after divorce? How should we end this relation? Please advise. May Allaah Reward you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
We advise you not to insist on divorce if the reasons behind are insignificant or can be solved. If divorce is unavoidable, you have to know that it only takes place with the husband’s consent. Neither the judge nor you can oblige him to divorce you. If the husband agreed to divorce you without a return, only half of the agreed upon dowry would be due to you, including both the advanced and the deferred portions of it.
He is entitled to refuse to divorce you until you pay him back what he gave you or absolve him of half of the dowry in order to divorce you.
Moreover, the man who divorces his wife before the consummation of the marriage has no right to take her in wedlock again. On the other hand, his divorcee does not deserve maintenance and she is not required to observe ‘Iddah (post-marriage waiting period).
Allaah Knows best.
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