What is the legal ruling regarding divorcing a wife based on her desire after she has abandoned the marital home, and what are the rights of the husband and wife in the case of khulʿ (dissolution of marriage at the wife's instance), knowing that the husband had given her a dowry (shabka and mahr) and electrical appliances, and the wife furnished the marital home, and they lived together for approximately three years?
Several matters concerning a wife's request for divorce must be highlighted:
Firstly: A wife is not entitled to seek divorce unless she is severely harmed by remaining with her husband. Otherwise, she is threatened with the warning of the Prophet (peace and blessings be upon him): "Any woman who asks her husband for a divorce without any compelling reason, the fragrance of Paradise will be forbidden to her."
Secondly: Allah the Almighty has guided towards reconciliation, and thus the spouses should strive to resolve their issues. If this is not possible, then two arbitrators from their families must be dispatched to reconcile between them.
Thirdly: The husband has the right to refuse to divorce his wife, as divorce is his prerogative.
Fourthly: The assessment of the spouses' rights when the wife abandons the marital home and requests a divorce is for the judge to determine.
Fifthly: If the wife requests Khul' (divorce at her initiation), she must return to the husband what she took from him, as stated by Allah the Almighty: "Then there is no blame upon either of them concerning what she gives up to be freed thereby."
We advise both spouses not to act hastily, but to seek Allah's guidance (istikharah) and counsel.
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