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The question

What is the ruling of Islamic law regarding a woman's entitlement to the immediate dowry (muqaddam), gifts, and deferred dowry (mu'akhkhar) if she requests a divorce, and the husband claims that she is the one who abandoned the marital home and deserted the marital bed?

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

A woman is not permitted to leave her husband's house without his permission, except in cases of necessity. Mere stinginess or ill-treatment does not justify leaving without permission, as long as he provides for her. She must repent and return to the marital home, otherwise, she would be considered defiant (nashiz). If she is harmed by staying, there is no sin in seeking divorce (talaq) or annulment (khul'). However, he is not allowed to pressure her to ransom herself. The compensation for khul' is by agreement, and his statement that she is not entitled to the dowry (mahr) is incorrect unless it is by mutual agreement. The gifts given to the wife during engagement or marriage, if they are her property and she willingly gives them up in exchange for khul', then that is permissible; otherwise, they remain hers.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
118935
Imported
Translation status
Source text, unreviewed
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