Is a woman who has filed a case of discord and dispute, seeking divorce, while the husband does not want to and tolerates her shortcomings, entitled to the advanced Mahr, gold, and deferred Mahr, knowing that she is the cause of all the problems?
It is not permissible for a wife to seek divorce without a legitimate Shar'i (Islamic legal) excuse. A woman who does so has been warned by the Prophet, peace and blessings be upon him, that "the fragrance of Paradise will be forbidden to her." The wife is entitled to the entire mahr (dowry), both its prompt and deferred portions, if intercourse has occurred. Her request for divorce, even if unjustified, does not annul her right to it. The Hanbalis and Hanafis hold that valid khalwa (private seclusion between spouses) completes the mahr, unlike the Malikis and the new opinion among the Shafi'is. As for gold, it belongs to the wife if it was specified as part of the mahr, or if custom dictates it, or if it was a gift to her and she took possession of it. The husband has the right to refuse divorcing his wife until she returns the mahr and gold to him. In fact, it is permissible for him to initiate khul' (divorce at the wife's instigation, usually with her returning the mahr) in exchange for her paying him more than he gave her, if she agrees to that. The final word on these matters rests with the court if the issue is brought before it.
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- Ftawy
- Original fatwa ID
- 114474
- Imported
- Translation status
- Source text, unreviewed
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