Back to search
The question

Are sexual practices, such as inserting a finger into the anus of the spouse, considered sexual deviance, and is the husband entitled to reclaim the dowry and gifts he presented to his wife before marriage if the divorce is initiated by her (khulʿ) on the basis of absolution, due to the wife's aversion to her husband's actions, such as drinking alcohol and neglecting prayer and fasting?

Share this answer

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

The act requested by the husband is abhorrent and contrary to Sharia and natural inclination (fitra). His claim that giving charity compensates for his abandonment of prayer and fasting and his consumption of alcohol is a clear fallacy. The wife has the right to seek divorce from the judge if the husband abandons prayer and fasting and consumes alcohol. In a divorce by ibra' (release), any material rights of the wife that are agreed upon to be waived are relinquished. No right is relinquished unless explicitly named, according to the majority of scholars, in contrast to Abu Hanifa and Abu Yusuf. Gifts given before marriage are governed by custom; if they are part of the mahr (dowry), then they are considered as such.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
106940
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy