Consequences of divorce before consummation
13-1-2014 | IslamWeb
Question:
I have already concluded my marriage contract but delayed consummation for a year in order to be able to cover the costs required. Sorrowfully, I was embroiled in a dispute with my father and mother-in-law. Now, I want to divorce my wife. What should I do?
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.
First of all, we advise the husband not to hasten to divorce his wife due to a dispute with her parents, particularly if she is religious and of noble manners and they are suitable for each other. Only the wife, not her parents, will be afflicted with harm in case of divorce. Nevertheless, if divorce is the only resort, it is permissible for you to divorce her and this will have the following consequences:
1. Mahr (dowry): She shall receive her whole dowry if he consummated the marriage with her. According to Maalik, Ahmad and Ash-Shafi‘i 
she shall receive her whole dowry if he met her in seclusion even without consummation. This view was reported on the authority of the Rightly-guided Caliphs 
. It is also narrated by Ahmad and Al-Athram on the authority of Zuraarah ibn Awfa 
.
On the other hand, she would receive half of the dowry if he neither consummated the marriage with her nor met her in seclusion. Allaah The Almighty 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]
The deferred part of the dowry is included in that half. However, it is recommended for a husband or wife to forego this part. Allaah The Almighty Says (what means): {And to forego it is nearer to righteousness. And do not forget graciousness between you.} [Quran 2:237]
2. ‘Iddah (post-marriage waiting period): She shall observe ‘Iddah if he consummated the marriage with her. According to Maalik, Ahmad and Ash-Shafi‘i she is required to observe the ‘Iddah if he met her in seclusion even without having sexual intercourse. This view was reported on the authority of the Rightly-guided Caliphs . However, if he neither had intercourse with her nor met her in seclusion, she does not need to observe the ‘Iddah. Allaah The Almighty Says (what means): {O You who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any ‘Iddah to count concerning them.} [Quran 33:49]
3. Separation should take place in a kind manner and both of them should be thankful to each other. Allaah The Almighty Says (what means):
· {… and give them a gracious release.} [Quran 33:49]
· {… or release her with kindness.} [Quran 2:229]
Allaah Knows best.