Assalamalaikum, One of my friends is in a state of confusion regarding HAQ-e-Mahar. 3 years back he has done his NIKAH with a girl in his relation and he went to abroad for his studies. There was no RUKSATI and the girl was still living at her home. In the mean time the girl lost interest in my friend and she gave the reason that he is very conservative and religious. She was asking again and again for Talaq. In spite of a lot of negotiations from both families this relation was failed and finally last week my friend gave her Talaq on phone and in written. Now the question is, as I stated before there was no RUKSATI took place. Only NIKAH was done. The girl is un-touched. So, the boy have to pay HAQ-e-Mahar or not??
Answer:
(Fatwa: 1030/912=L/1429)
If the mahr (dower) is fixed and the spouses did not meet yet in privacy (khalwah) then in case of Talaq, the husband has to give half of the mahr. So, in the case mentioned above, your friend has to give half of the mahr, as the Quran says:
وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ
If you divorce them before you have touched them, while you have already fixed for them an amount (of dower), then there is one half of what you have fixed. [2:237]
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband