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I request a clear answer to the following question.
A man married a woman, and it has now been about three and a half months.
During this period, it became clear to him that his wife, according to her own words, was not explicitly consulted about marrying him by her mother, and she tells her husband that she does not want him.
During this time, he took her to Quran reciters and did everything he could, because he believes she is ill, but Allah knows best, it seems she is pretending to be ill because she does not want this man as her husband.
Honorable Sheikh, what are the husband's and wife's rights regarding the dowry if the husband wants to divorce in the following two cases?
The first is if during this period he did not have intercourse with her.
First, if the man believes the woman is truthful.
Because she says her opinion was not taken.
Then he must divorce her, meaning he must divorce her, because a marriage without the wife's consent is not valid.
Because the Prophet ﷺ forbade it.
He said: A virgin should not be married off until her permission is sought.
And if he does not believe her.
Based on what appears to him from her situation that she is lying.
Then the marriage is valid.
That is because the wife may claim that her opinion was not taken, but it was, and she disliked the husband so she made this claim.
In any case, if he sees that the girl is righteous and truthful, he must believe her.
He should accept her statement and separate from her.
But if she is mostly certain that she is lying, then there is no harm in keeping her, and perhaps the situation will change.
As for the dowry, the dowry is established by his being alone with her.
Because being alone with the woman he is married to confirms the dowry according to the strongest opinion.
Whether he had intercourse or not.
But if he sees that, based on the fact that her family,
the woman's family deceived him, he may say to the woman's family.
I want you to guarantee the mahr for me because you.
Deceived me, so there is no blame on him in this case because they misled him.
Since they made it seem as if the woman was pleased, but she is not pleased.
The husband's family wants that.
The marital problem. She says that when her opinion was asked, she did not give a clear answer.
She stayed silent. She says she does not want him, but she stayed silent at the time and did not state her opinion clearly.
Okay, but this crying that she cried, do her family know about it?
Or do they mostly think that she cried because she dislikes the husband.
Or that she cried because she is leaving her family.
No, no.
That is why some scholars said that the permission of a virgin is her silence.
If she does not say "I do not want," then that is permission. They said, even if she cried.
They explained this by saying that she might cry.
Out of fear of leaving her family, not because she dislikes the husband.
She previously said that she clearly stated she does not want it. So that means she did not give permission.
But when the marriage contract was being written, when she was asked.
Her mother would say that she did not clearly express her opinion. In any case, if she did not clearly state at first that she does not want it, then this crying.
Crying out of dislike, so the marriage is not valid.
He must separate from her, and he has the right to reclaim from her family who deceived him.
What he gave as the dowry. Does he take the full dowry from her? The full dowry, he takes her dowry, whether he consummated the marriage or not, as long as he was alone with her.