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I got married few months ago but my wife is not still at my house.

Now I have come to know that she has an affair with some other guy and she slept with him (not sure, though) but she was with him the entire night, and I don't know how to write it.

In this case is our nikkah (marriage) still valid? If I divorce her then what about the Dower?

  • brother, NEVER Speculate Anything in such extremely serious accusation about any woman. Never ever.. please refrain from accusing her, unless u have solid evidence that she did so.. – user12159 Apr 28 '15 at 15:59
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Seemingly, according to religious law (canonically), the religion doesn't suggest to refer for the divorce directly. In fact, Islam doesn't like divorce and tries to prevent it as far as feasible. (Of course not always, it depends upon the case). Actually in the mentioned case, it could be considered as a treason issue, it could be your right for divorce (to if you be able to prove the issue or even you see a problem in your life. But as far as you can, strive to solve the issue positively, otherwise this is your right to do that.On the other hand, occasionally divorce could be an appropriate way to save the persons … (to take action for the divorce) http://islamquest.net (1))

On the whole, divorce has some conditions.(http://islamquest.net (2)) and likewise (http://islamquest.net (3) ). Anyway, apparently, your marriage still could be considered as a valid marriage if you don't take action to divorce her.

In regard to your last inquiry that inquired if I gave her divorce then what about Dower?

  1. Initially I should point that we could consider Dower from two aspect. actually it could has two meanings. One of them is Jahiziah ((الجهیزیه او المهر(الوسائل البیت) which is related to the means of the home (which is considered as a custom is some places). So, in the mentioned issue, the husband ought to give them(means) back in the case that the wife has bought them, otherwise it is not necessary to give them back.
  2. Secondly, by paying attention to the other meaning of Dowry or Dower, which usually is considered as Mehr (and is more famous with this meaning and name), has some specific conditions. For instance, If a man divorces his wife before he has sexual intercourse with her, he should give half of the fixed dower to her. Anyhow, I recommend you to do more inquiry regarding the mentioned matter and also see the sources below. Since I don't know how it was complete for you. Good luck.

Sources:

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You say your wife has not yet moved to your house. This could mean the marriage has not been fulfilled (by intercourse). So if this is the case and you divorced then Qur'an gives you the right to have at least half your mahr back (if you gave it, or pay at most only the half of it if you didn't give anything yet): to be more exact you can have half your mahr and if your wife forgoes then you could have more then that. This is just a short answer on the given case with the assumption that both of you would agree that nothing happened between you!

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