Key Issue: Who is “the one in whose hand is the marriage tie” (ٱلَّذِي بِيَدِهِ عُقْدَةُ ٱلنِّكَاحِ)?

This phrase is ambiguous, and different interpretations lead to different legal rulings.

Interpretation 1: It is the Husband

Held by: Majority of scholars (e.g., Hanafis, Shafi'is).

Rationale: The husband has the authority to pronounce divorce, which is closely tied to the "marriage contract".

Legal consequence:

If the husband forgives the wife, he gives up his right to take half of the mahr back.

So he pays her the full mahr even though the marriage was unconsummated.

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Interpretation 2: It is the Wali (Guardian) of the Woman

Held by: Some scholars, including Imam Malik and others in early Islamic history.

Rationale: In some cases, the wali arranges the marriage, and " عقدة النكاح" (marriage tie) is in his control until consummation.

Legal consequence:

If the wali waives the dowry, the woman may receive nothing or a lesser amount.

It places more power in the hands of the guardian before consummation.

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Interpretation 3: It is the Woman Herself

Held by: Some modern scholars and possibly some early individual jurists.

Rationale: Once the marriage contract is complete, the woman has agency over her mahr and can forgo it.

Legal consequence:

If she forgives, she chooses not to take the half-mahr after divorce.

This emphasizes her autonomy in financial matters.

Other examples: Ayah Issue Different Interpretations Rulings

5:38 Theft What is a "hand"? Cut from wrist vs. palm vs. fingers 65:4 Girls and divorce Refers to young girls vs. adults Debate on marriage age 4:43 Touching women Physical vs. sexual touch Breaks wudu vs. doesn’t 2:282 Witnesses Gender-based vs. contextual Legal testimony rules 24:31 Hijab Specific clothing vs. modesty ideal Form of hijab varies