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My Daughter’s Unconsummated Marriage: A Tale of Nikah, Anxiety, and Talaaq

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My daughter accepted a proposal and the boys parents asked for the Nikah to be done. My Daughter accepted as it was the correct thing to do. She never moved to her marital home . As she never been with any men or involved in any relationships, the two brief visits with her husband was a bit uncomfortable. She felt awkward if he held her hand etc. This was the first time ever alone with a male in a relationship. She was very anxious and nervous. The Husband gave her talaaq as he felt she was meant to be in love with him when she agreed to the Nikaah. The Mother has sent back all the gifts we gave him and ashurah gifts we sent them. They also feel that there is no iddat. The talaaq was sent by sms. The Boys parents didn’t want to wait or try. My daughter started her iddat. The marriage was not consummated.

Bismillaah

A: If the nikaah was consummated or both were in seclusion then the mahr will not have to be returned.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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