Section 6: Separation Between Spouses and its Impact on the Bride Price

1. Separation by divorce, before consummating the marriage:
a. If the bride price is specified: The wife has the right to half of her specified bride price if divorce occurs before consummating the marriage.
b. If the bride price is not specified: The wife has the right to the maintenance if she is divorced before consummating the marriage and before specifying her bride price.

2. Separation by divorce, after being alone with the wife and before consummating the marriage: 
The wife is entitled to the full bride price if the husband spends time alone with his wife in privacy after conducting the marriage.  

3. Separation after consummating the marriage: 
The wife is entitled to the full bride price if separation takes place after consummating the marriage.

4. Separation caused by the wife:
a. In the event of separation caused by the wife, before consummating the marriage, the wife is not entitled to the bride price.
b. In the event of separation caused by the wife, after consummating the marriage, the wife is entitled to the bride price.

5. Separation due to imprecation (li’aan): In the event of separation due to imprecation, the wife is entitled to the full bride price if the marriage is consummated.

6. Passing of the husband after conducting the marriage and specifying the bride price:
The scholars are in consensus that the wife has the right to the full bride price if the husband dies after conducting the marriage contract and specifying the bride price. This consensus is transmitted by Ibn Hazm, al-Kasaanee, Ibn Rushd, al-Qurtubee, Ibn Juzzee, and al-Baabartee.

7. Claiming back the gifts in the event of separation:
a. In the event of separation before consummating the marriage: The majority of scholars hold the view that the husband has the right to have back all the presents he gave to his wife if separation takes place before consummating the marriage. This is the position of the Maliki,  [89] The Maliki Madhab hold the view that if the husband divorces his wife before consummating the marriage, he will be entitled to half of the remaining gift, or half of its value. However, if the marriage is annulled then the husband is entitled to the remaining gift only. Shafi’i, and Hanbali Madhabs.
b. In the event of separation after consummating the marriage: The majority of scholars hold the view that the husband does not have the right to have back the presents he gave to his wife if separation takes place after consummating the marriage. This is the position of the Maliki,  [90] The Maliki Madhab hold the view that if the husband divorces his wife before consummating the marriage, he will be entitled to half of the remaining gift, or half of its value. However, if the marriage is annulled then the husband is entitled to the remaining gift only. Shafi’i, and Hanbali Madhabs.

8. If the wife of a missing man [91] The missing man in Islam is the one who is away from his family or country, or captured by the enemy, and nobody knows his whereabouts or whether he is alive or dead, and a long time has passed. marries again and her first husband returns home: If the husband is declared missing and then his wife marries another man, but afterwards he returns home, the first husband will be given the option either to take his wife back or the bride price he paid. This is the view of the Hanbali Madhab and one of the views reported in the Shafi’i Madhab, and the view of a group from the righteous predecessors.

9. The bride price of a woman who consummated the marriage based on a dubious marriage contract: 
The four Madhabs agree that the woman who consummated her marriage based on a dubious marriage contract has the right to a bride price that is similar to that of her peers.