Is it permissible for a woman to waive her dowry and deferred dowry in exchange for a divorce, knowing that her husband drinks alcohol, watches immoral films, has not yet consummated the marriage, and is demanding money from her?
The guardian must ensure the suitability of the prospective husband for his ward before marriage. If it becomes clear to the guardian and the ward that the husband is not competent and is willing to divorce her in exchange for being absolved of the mahr (dowry), then he should be asked for a divorce, and she is entitled to all her rights regarding the mahr. If the husband refuses, the wife should reconcile with him by offering to give up part or all of her mahr in exchange for divorce. If he still refuses, she should refer her case to the Sharia judge to request a divorce. If consummation or khalwa (private seclusion) has not occurred, she is entitled to half of the mahr, as Allah Almighty says: ﴿And if you divorce them before you have touched them and you have already specified for them an obligation, then [give them] half of what you specified﴾.
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- Source platform
- Ftawy
- Original fatwa ID
- 63979
- Imported
- Translation status
- Source text, unreviewed
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