Is it permissible for the wife's father to divorce his daughter without the husband's consent? And is the husband entitled to a full refund of the mahr (dowry) if he is forced to divorce?
Marital disputes are advised to be resolved with gentleness and wisdom, and by involving sensible people. If the father insists (on a particular course of action), the matter should be referred to the Sharia court.
It is not permissible for a woman to seek divorce or khul' without a legitimate Sharia reason, due to the Prophet's (peace be upon him) saying: "Any woman who asks her husband for divorce without any real cause, the scent of Paradise will be forbidden to her," and his saying: "The women who seek khul' are the hypocrites."
It is disliked for a man to take more than he gave her in khul', even though it is permissible according to the majority of scholars.
It is permissible for a father to perform khul' for his virgin daughter with her permission, and it is permissible for him to do so without her permission if she is a virgin. According to Sheikh Al-Islam, it is permissible for a father to perform khul' using his daughter's money if she is under his guardianship and there is a benefit in doing so. However, all of this is conditional on the existence of legitimate reasons necessitating the khul', and not merely out of whim.
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- Original fatwa ID
- 54355
- Imported
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- Source text, unreviewed
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