Question
A man was married to a woman for a short period of time and after entering upon the woman their two private parts touched slightly and nothing further than this occured.After this,he left the woman and he does not want her nor does he desire her.Nor did he come near her after this and he also made clear that he has divorced this woman by way of a phone call which occured and the woman she denies this being that she is still someone who desires this man to be her husband. So what is the condition of this marriage being over a year ago?
Answer
The shaykh hafidhahullah responded by saying
“As for that which pertains to this question,if the man when he went to the woman intercourse occured slightly (meaning the tip of the man’s private part entering the woman) then this woman upon her is the iddah and she has a sadaaq( which is referred to dowry).However if the person went to this woman and nothing happened except may be mere touching and no entering between the two private parts has occured and she becomes separate from him by way of divorce then she has half of the mahr.What is apparent is whether the private part entered each other,then she is from someone who is separate from him being that ,this occured a year ago and he divorced her and one or two menstruation cycles occur for the woman within a month meaning that by this,the woman should be separate from him being that it is been more than a year.(Since he divorced her)”
(On being asked about the denial of the wife)
“It is his (husband) statement that is accepted,put into consideration and put forward.”
– Shaykh Abu Amr Al Hajooree