Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada , states: “If the marriage has not been consummated at the time of separation, then the bride is not entitled to her full mahr as promised to her, but only to half. But consummation must not be confused with impregnating; rather consummation simply means intimate conjugal relations; if they have had intimate conjugal relations, then the bride is definitely entitled to her full mahr as promised at the time of the marriage contract; and the groom has no right to take back any of the gifts he had given her prior to the divorce.
If on the other hand, he could not penetrate her because of some impediment, or she simply refused to cohabit with him, then she is entitled only to half of the mahr, and he has a right to ask the gifts he had given her.”
Separation Before the Consummation of Marriage
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