When is a woman regarded as a person's wife?


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Q 2: A man wants to marry a woman and he paid the Mahr (mandatory gift to a bride from her groom) to her guardian, but he did not hold a wedding party. Is this woman regarded as his wife?


A: If he concluded the marriage contract but did not consummate the marriage, she is his wife and takes the ruling of a woman with whom the marriage has not been consummated, namely, she takes half of the Mahr if he divorces her before consummating the marriage. Furthermore, no `Iddah (woman's prescribed waiting period after divorce or widowhood) is required from her after the divorce, for Allah (Exalted be He) says: And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the Mahr (bridal-money given by the husband to his wife at the time of marriage), then pay half of that (Mahr), unless they (the women) agree to forego it, or he (the husband), in whose hands is the marriage tie, agrees to forego and give her full appointed Mahr. And to forego and give (her the full Mahr) is nearer to At-Taqwa (piety, righteousness). (Part No. 18; Page No. 105) He (Exalted be He) also says: O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no ‘Iddah [divorce prescribed period, see (V.65:4)] have you to count in respect of them. However, if the husband died before consummating the marriage and did not divorce her, then the woman deserves the whole Mahr, completes the period of `Iddah, and inherits her share of his legacy as well. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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