Division of Dowry upon separation
Division of Dowry upon separation


The book of Marriage -


The Conditions of the Contract

Section:Dower (Sadaq)
Topic/Issue:4025 - Division of Dowry upon separation --
Agreement:They agreed generally, when a man divorced (his wife) prior to consummation, and he had fixed a dower, that she has recourse to him for one-half dower, because of the words of the Exalted in 2:237
1. There is no disagreement about rescission, that does not amount to divorce, that it does not give rise to sharing of the dower, when the rescission is based upon (a defective) contract or upon (the species of) dower, and generally upon the absence of the requisites of validity, in which she does not have a choice at all.
2. In rescissions that are the result of external contingencies affecting a valid contract, like apostasy or fosterage, if none of them has a choice in it, or she has it but not he, division is not binding
3. If he has a choice in it, as is the case in apostacy, division becomes obligatory
Evidences :1 - Quran [2:237] [Hide/Show]
Tags :Worship,Marriage, Wali, Dowry, Deferment
See Also:The Amount
Unspecified Dowry
What is implied by Consumation
Last Updated:2011-09-18

<< Back to List of Issues
Please Help Us Spread the Word. Press LIKE.