Divorce Before Consummation

By: Hafiz Nadeem Zaheer

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۚ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا (الأحزاب: ٤٩)​

"O you who have believed, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release."

(Al-Ahzab: 49)

Fiqh of the Quran:

This verse addresses one of the issues related to divorce, with several aspects outlined as follows:

• Imam Bukhari uses the aforementioned verse to assert:
  "لا طلاق قبل النكاح"
  "There is no divorce before marriage."
  (Sahih Bukhari, after Hadith 5268)
• Divorce before consummation is permissible.
• If divorce is given before consummation, the woman is not required to observe any waiting period. She has the right to marry anyone she wishes immediately after the divorce.
• If divorce occurs before consummation and a dowry was stipulated, half of it must be paid. Refer to Surah Al-Baqarah: 237.

"Give them a gracious release" implies that no harm or distress should be caused to them. It is narrated by Sayyiduna Abu Usayd (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) married Umaimah bint Sharahil. When she was brought to him, he extended his hand towards her, but she disliked it. Therefore, he (peace and blessings be upon him) instructed Abu Usayd:

"Prepare her provisions and give her two garments of fine fabric (woven silk)."

(Bukhari: 5256)