Laws of Surah Baqarah V.236

بسم الله الرحمن الرحيم

لَّا جُنَاحَ عَلَيۡكُمۡ إِن طَلَّقۡتُمُ ٱلنِّسَآءَ مَا لَمۡ تَمَسُّوهُنَّ أَوۡ تَفۡرِضُواْ لَهُنَّ فَرِيضَةً۬‌ۚ وَمَتِّعُوهُنَّ عَلَى ٱلۡمُوسِعِ قَدَرُهُ ۥ وَعَلَى ٱلۡمُقۡتِرِ قَدَرُهُ ۥ مَتَـٰعَۢا بِٱلۡمَعۡرُوفِ‌ۖ حَقًّا عَلَى ٱلۡمُحۡسِنِينَ

“There is no liability (of dower) on you if you divorce women when you have not yet touched them, nor fixed for them an amount. So, give them mut‘ah (a gift), a rich man according to his means and a poor one according to his means – a benefit in the recognized manner, an obligation on the virtuous. (236)”

Ruling: If the marriage was contracted without any stipulated mahr, it would stand valid but will need to be fixed later. However, in the scenario where the husband divorces the wife before having intercourse or khalwa sahiha, he does not need to pay the mahr at all. However, in this scenario, it is necessary that the husband gives a mutah to the divorced wife. The mutaa is an upper garment, lower garment and a head covering. This should be given according to his financial ability. (Tafsir Uthmani V1 pg 250)

Print Friendly, PDF & Email

Leave a Reply

Your email address will not be published. Required fields are marked *