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Is a woman considered Islamically divorced if the court divorces her legally, but the husband refuses to utter the oath of divorce? And what is the ruling concerning the dowry, gifts, and monetary amounts that the husband spent on the wife during the engagement, knowing that the wife does not want any of that?

1 min readAlso available in العربية

If the legitimate marriage contract was concluded, fulfilling all conditions, then you have become a wife. The basic principle is that it is not permissible for a woman to seek divorce unless there is a legitimate justification. If you are harmed by staying with this man, or if you dislike him and fear neglecting his rights, then it is permissible for you to seek divorce or khul'. If he refuses the divorce or khul', then you have the right to take the matter to court. The rights of a divorced woman differ before consummation and after valid seclusion (khalwa sahiha). As for gold jewelry and movable possessions, the ruling on them varies according to the circumstances. If the divorce is for compensation (khul'), then the compensation will be according to the agreement.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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