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The question

Is it permissible for the husband to ask his wife to waive the deferred dower (mu'akhkhar) if the marriage has not been consummated, due to his suspicion about her virginity and her communication with foreign men, especially since they agreed before the marriage that there would be no deferred dower, and she refuses to waive it and wants a divorce?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the husband ascertains that his wife is a thayyib (previously married) and not a virgin, and scholars differ on whether this is a defect that warrants annulment, then if the husband accepts this, his right to annulment is forfeited. If annulment occurs, the woman is entitled to her full mahr (dowry), and the husband can seek recourse against whoever deceived him. If the woman denies it, she is entitled to her full mahr.

If the wife disobeys her husband or engages in illicit relationships and does not repent, he may restrict her and refrain from divorcing her until she relinquishes some of her rights. If he divorces her before she relinquishes these rights, she is entitled to her deferred mahr and all her rights.

The ruling on declaring the wife haram (unlawful) due to her refusal to relinquish the deferred mahr varies according to intention. If divorce was intended, it takes effect. If zihar (a form of injurious divorce) was intended, it takes effect. If neither was intended, you are liable for an expiation for breaking an oath.

Issues involving disputes and disagreements are to be referred to the Sharia court.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
149110
Imported
Translation status
Source text, unreviewed
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