What is the ruling regarding the agreed-upon dowry — 25,000 dirhams paid in advance and 25,000 dirhams deferred — if the wife's guardian requests the divorce of his daughter, even though the spouses do not desire divorce, and given the guardian's claim that he received the advance payment when he had not actually received it, and the husband had presented the wife with gold (the Shabka)?
The wife's guardian does not have the right to demand her divorce, and the wife is not permitted to obey him in this without a valid Sharia reason, because divorce is in the hand of the husband. The Mahr (dowry) is a right of the wife, whether it is paid immediately or deferred. The immediately paid Mahr is due to her at once, and the deferred Mahr is due when its time comes. Her guardian's acknowledgement of receiving it is of no consequence. If the divorce occurs before consummation, the wife is entitled to half of the Mahr. If it occurs after consummation, she is entitled to the full Mahr. The husband is permitted to refuse to divorce her until she ransoms herself from him.
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- Original fatwa ID
- 116217
- Imported
- Translation status
- Source text, unreviewed
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