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?
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.
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