Divorce before consummation

Sha'rawi sets out what a woman divorced before consummation is owed. If no dower was fixed, she receives a provision according to the husband's means. If a dower was fixed, she receives half of it, unless she waives it or the one in whose hand the marriage knot lies waives it. ^{1 2}

On al-Baqara 236, Sha'rawi holds that the provision is set by the husband's means: the one of wide means gives according to his wealth, the one of limited means according to his. He reports that scholars valued it at half the dower of comparable women. ¹

She receives half of the named dower, as in al-Baqara 237. Sha'rawi notes that the verse gives room to waive from both sides: the woman may waive her half, and the husband may waive his, and that this is nearer to piety. ^{1 3}

Sha'rawi tells a story of two men who asked a judge to decide between them by justice alone. He asked whether they wanted justice or something better than justice. Justice gives each person what is due; grace invites the one with a right to give some of it up, and ends dispute and resentment. ²

At another point in these verses Sha'rawi rejects fixed-term marriage (mut'a), holding that a true marriage is not limited by a term. The provision in the divorce verse is a different matter. See Mut'a (temporary marriage). ⁴