Separation by divorce after conducting the marriage contract and before consummating the marriage
a. In the event where the bride price is specified: The scholars are in agreement that if a divorce takes place before consummating the marriage and after agreeing on the bride price, the wife is entitled to half of the specified bride price [155] The ruling is applicable whether the bride was a virgin or previously married so long as they are divorced before consummating the marriage. . The consensus is transmitted by al-Maawardee, Ibn Hazm, al-Baghawwi, Ibn Rushd, Ibn Qudaamah, al-Qurtubee, and Ibn Juzzee.
b. In the event where the bride price is not specified: The majority of scholars hold the view that if a woman is divorced before consummating the marriage and before agreeing on the bride price, she will be entitled to receive a gift from her former husband in the form of money, goods, and so forth. This is the view of the Hanafi, Shafi’i, and Hanbali Madhabs and one of the views in the Maliki Madhab [156] The Maliki Madhab holds the view that it is recommended and not obligatory. . It is also the view of some of the righteous predecessors, and some scholars reported that it is a matter of consensus.

2. Separation by divorce after conducting the marriage contract, after being alone with the wife [157] The jurists differed on defining seclusion with the wife to define whether they were together alone in a secluded setting. The Hanafi Madhab hold the view that they need to be alone and there is no physical or religious factor that prevents them from having intercourse as she allows him to do it. The Maliki Madhab holds the view that they need to be in a secluded setting where the doors of the room or house are closed. The new view of the Shafi’i do not consider the factor of being alone with each other in seclusion in this issue while in the old view of the Shafi’i, seclusion means being alone with the woman while there is nothing to prevent the occurrence of intercourse between them. The Hanbali Madhab hods the view that seclusion is considered if the two persons are able to have intercourse. , and before consummating the marriage: The woman is entitled to the full bride price if she is divorced after conducting the marriage contract and spending time alone with her husband. This is the view of the Hanafi and Hanbali Madhabs and the .old view of the Shafi’i. It is also the view of some of the righteous predecessors, and some scholars reported that it is a matter of consensus.
3. Separation after conducting the marriage contract and after consummating the marriage: The scholars are in consensus that the wife is entitled to the full bride price if separation takes place after consummating the marriage. The consensus is transmitted by Ibn Rushd, Ibn Juzzee, and al-Baabartee.
4. Separation because of a defect in the wife
a. Before consummating the marriage: The four Madhabs agree that in the event that the marriage contract is terminated before consummating the marriage due to a problem with the wife [158] Al-Nawawee said: “If separation was upon her request or due to a cause related to her such like if she entered Islam or apostatised or annulled the marriage due to defects or freeing slaves, or if she breastfed his other young wife, or she had a defect, she will not be entitled to the bride price.” Rawadt al-Talibeen (7/289). , she will not be entitled to the bride price.
b. After consummating the marriage: The four Madhabs agree that in the event that the marriage contract is terminated after consummating the marriage due to a problem with the wife, she will be entitled to the bride price.
5. Separation due to imprecation (Li’aan): The scholars are in consensus that the husband who has consummated the marriage is obliged to pay the full bride price if he resorts to imprecation. The consensus is transmitted by al-Nawawee, Ibn Taymiyyah, and al-Shawkaanee. Those who reported the consensus on paying the full pride price if separation takes place after consummating the marriage are al-Maawardee, al-Kaasaanee, Ibn Rushd, Ibn Juzzee, Ibn Hajar and al-’Aynee.
6. Separation because the husband is declared a missing person: In the event where the husband goes missing, and nobody knows his whereabouts or news, the woman remains his wife until there is evidence to confirm his death or enough time has passed that makes him unlikely to be alive [159] Deciding the period is left to the judge only. . If his death is established, the wife needs to observe her waiting period. This is the correct view in the Shafi’i Madhab, one of the views of the Hanafi Madhab, and the view of Ibn ‘Uthaymeen.
7. Separation because the wife is subject to harm: The woman can ask for divorce if she experiences harm due to her husband [160] Examples of harm include refusing to spend on her, refraining from having intercourse with her, insulting her verbally and physically, preventing her from visiting her parents without a valid reason. . This is the explicit view of the Maliki, Shafi’i and Hanbali Madhabs.
8. Separation because the husband is in prison. The woman has the right to ask for divorce if her husband is in prison or captured by the enemy on the grounds of his inability to spend on her or have intercourse with her. This is the view of the Hanbali Madhab, the apparent view of the Maliki Madhab, and it is the view of Ibn Taymiyyah.
9. The ruling on divorcee taking what man-made laws dictate as her rights: In the event of divorce, none of the Muslim spouses is allowed to demand or claim any financial rights other than those dictated by Islam. This is the official resolution of the Islamic Fiqh Council of the Muslim World League.