Divorce before consummation

الطلاق قبل الدخول

Sha'rawi sets out what a woman divorced before consummation is owed. If no dower was fixed, she receives a provision (mut'a) according to the husband's means; if a dower was fixed, she receives half of it unless she waives it or the one in whose hand the marriage knot lies waives it. He reads grace (fadl) as completing justice ('adl) here 1 2.

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The Prophetic Era
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Family, marriage and kinshipLaw and courts

Summary

Sha'rawi sets out what a woman divorced before consummation is owed. If no dower was fixed, she receives a provision according to the husband's means. If a dower was fixed, she receives half of it, unless she waives it or the one in whose hand the marriage knot lies waives it. 1 2

When no dower was fixed

On al-Baqara 236, Sha'rawi holds that the provision is set by the husband's means: the one of wide means gives according to his wealth, the one of limited means according to his. He reports that scholars valued it at half the dower of comparable women. 1

When a dower was fixed

She receives half of the named dower, as in al-Baqara 237. Sha'rawi notes that the verse gives room to waive from both sides: the woman may waive her half, and the husband may waive his, and that this is nearer to piety. 1 3

Justice and grace

Sha'rawi tells a story of two men who asked a judge to decide between them by justice alone. He asked whether they wanted justice or something better than justice. Justice gives each person what is due; grace invites the one with a right to give some of it up, and ends dispute and resentment. 2

Temporary marriage

At another point in these verses Sha'rawi rejects fixed-term marriage (mut'a), holding that a true marriage is not limited by a term. The provision in the divorce verse is a different matter. See Mut'a (temporary marriage). 4

Opinions on the question

The question: What is owed to a woman divorced before consummation: a provision or half the dower, and who may waive it?

First opinion · Sunni tradition (the museum's frame)Main reference

A provision if no dower was fixed, half the dower if one was fixed

Sha'rawi holds that the provision is set by the husband's means and reports that scholars valued it at half the dower of comparable women when none was named; where a dower was named, she takes half of it {cite:tafsir-sharawi-khawatir-scan-vol-2 p.1018}.

Held by: Muhammad Mutawalli al-Sha'rawi

Connections

Explore the connections

Part of
Divorce (talaq)
Has part
Waiver of the dower

People and things also explored

Iddah (waiting period)· Maintenance of the divorced nursing mother and infant· Divorce (talaq)· Waiver of the dower· Raj'a (the return to the world)· Muwatta 1581· Muwatta 1582· Muwatta 1583

Sources

  1. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p.1018
  2. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p.1019
  3. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p.1020
  4. Sha'rawi's Khawatir around the Holy Quran, volume one (scan copy) , p.1015
Cite this page

islam.museum contributors. “Divorce before consummation”. islam.museum, https://islam.museum/en/concept/divorce-before-consummation/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Iddah (waiting period)

Iddah in fiqh is the waiting period a woman observes after divorce or widowhood before she may remarry; the Kuwaiti Fiqh Encyclopedia treats it across its chapters, from the term of the iddah to the supervening iddah and residence in the iddah home.