Is it permissible for a husband to request the return of the gold and the house he gifted to his first wife, after he sold her the house with a legitimate contract in exchange for her divorce due to harm and aversion resulting from his beating her, knowing that he gave her the gold to appease her because he married another woman, and he sold her the house for the same reason and did not receive its price, and his wealth has recently increased?
Spouses must live together amicably and fulfill each other's rights. In case of dispute, it should be resolved wisely. If reconciliation is not achieved, two arbitrators from their families should be appointed to reconcile them. If reconciliation is still not possible and the arbitrators deem it irreparable, then separation is permissible. If the harm is from the husband, they are separated without any financial obligation on the wife. If the dis
obedience (nushuz) is from the wife, she must give what releases her from the husband's ownership and allows him to divorce her. If the arbitrators do not rule, the wife may refer her case to the judge to prove the harm and request divorce. If she cannot prove it, she may seek khul' by giving him what he requests, with a reminder of the prohibition of seeking divorce without a legitimate Islamic excuse. Regarding ownership of the house in case of dispute, the Sharia court is the reference.
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- Original fatwa ID
- 64620
- Imported
- Translation status
- Source text, unreviewed
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