Does duress to release the husband from his divorced wife's legitimate rights exempt him from them?
Issues involving dispute and contention are not resolved by a fatwa; rather, they are referred to the Shar'i judiciary.
If a wife requests divorce or khul' without harm from the husband, he has the right to refuse to divorce her until she forfeits the mahr (dowry) or a portion of it, through which she ransoms herself, based on the Almighty’s saying: {But if you fear that they will not uphold the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself}.
However, if the husband oppresses his wife and harms her until she ransoms herself from him with her wealth, then his action is forbidden, and he has no right to any of her wealth. In this case, the khul' is invalid, and the compensation must be returned.
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- Original fatwa ID
- 188871
- Imported
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- Source text, unreviewed
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