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Fatwa CenterRulings on Dowry and Gifts When Divorce Occurs Before Consummation
Question
I had a Nikkah but the marriage wasn’t consummated. He divorced me after problems. The mahr was 50k, and I was entitled to 25k. A lot of problems happened in the courts and corruption lots of pressure, we agreed to a lesser amount. I don’t forgive them. In the engagement, gold ring and bracelet were given, after that, a bracelet, necklace. They asked for these back during the problems. We also gifted him things he never returned (money, phone, clothes). We’re no longer in contact. Ruling.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His Slave and Messenger.
Matters in which disputes arise between spouses — especially those that have been presented before courts and ruled upon — are not suitable for remote fatwas. Rather, such matters should be referred to the judiciary, or to its equivalent where it is absent, such as Islamic centers, or to qualified scholars known for knowledge and integrity in the questioner’s country.
As for the general legal ruling, we draw attention to the following matters:
If divorce occurs before consummation of the marriage or valid seclusion, then the wife is entitled to half of the dowry, unless either spouse willingly waives their share.
Gifts given by the suitor to his fiancée, if he divorces her before consummation, he has no right to reclaim them. Al-Ruhaybani
stated in Matalib Uli al-Nuha:
“The gift becomes the wife’s property even if the marriage contract is annulled (after the full dowry has become binding through consummation or seclusion, or half of it due to lack of consummation). Therefore, he has no right to take back the gift, because the dissolution of the contract was not on her part.” [End quote] with slight modification.
As for gifts given by the fiancée to the suitor, she likewise has no right to reclaim them.
Ibn Qudamah said in al-Mughni: “It is not lawful for a donor to take back his gift, nor for one who has given a present to take back his present, even if he was not compensated for it.” [End quote.]
Allah Knows best.
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