Is the husband entitled to waive the wife's right to the deferred dowry and the maintenance?
If a dispute arises between a husband and wife concerning deferred dower (mu'akhkhar al-sadaq) and maintenance (nafaqa), the matter should be referred to the court or the authorities specialized in Muslim affairs. The deferred dower is a right of the wife that is not forfeited except with her consent, based on the Almighty's saying: "And give women their dowries as a free gift. But if they are pleased to remit to you a part thereof, consume it with pleasure and satisfaction," and based on the Prophet's (peace be upon him) saying: "The property of a Muslim is not lawful except with his willing consent." Maintenance is a right of the wife that the husband is not permitted to withhold except with a legitimate Sharia justification, such as nushuz (disobedience).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 185227
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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