What Is The Judgment On Divorce Before Consummating The Marriage?

What is the judgment on divorce before consummating the marriage?

In cases where a couple decides to get divorced before zifaf (the first sexual intercourse), such divorce is considered valid. In this case, a bain talaq occurs (Marghinani, al-Hidayah, III, 195). The man who divorces his wife may only go back to her with a new nikah if he wishes to do so. If the couple who get divorced in such a manner had the opportunity to stay alone in a place where no one is allowed without permission (khalwat al-sahiha) while married, the woman deserves the entire amount of mahr (Nisa, 4/20-21). And the woman must wait until the end of her iddah before getting married again (Sarakhsi, al-Mabsut, V, 149). However, if the couple gets divorced before khalwat al-sahiha the husband, even though he is not obliged to, needs to give his wife a gift called mut’a, which is determined by taking the husband’s financial status and social manners in consideration. In the event that the couple agreed on a mahr, then the man must pay half the amount of such predetermined mahr (Baqarah, 2/236-237; Ahzab, 33/49; Sarakhsi, al-Mabsut, VI, 63).

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA