What is the jurisprudential ruling and the correct solution regarding the husband's demand for half the dower or the full dower in exchange for divorce or annulment (khul') before consummation, and what are the wife's material rights if he divorces her or she requests annulment?
It is forbidden for the husband to take his wife's money except with her consent, and he is obligated to financially support her. The husband has the right to prevent his wife from working unless there is a condition or custom that stipulates otherwise. He also has the right to stipulate a financial consideration for allowing her to work. If there was a pre-existing condition or custom, he does not have the right to prevent her or take anything from her salary. It is forbidden for a woman to seek divorce except for a legitimate reason. The husband's insistence on wrongfully taking her money is considered a valid reason that permits her to seek divorce. In this case, it is not permissible for the husband to compel her to perform khulʿ (divorce at the wife's instance) in order to take anything from her. If the husband prevents his wife from working (due to the absence of a condition or custom) and there is no other reason that permits divorce, he may refuse to divorce her and compel her to perform khulʿ in exchange for her renouncing her mahr (dowry) or a portion of it, according to their agreement. Divorce before consummation without complete privacy (khalwa): She is not required to observe the ʿiddah (waiting period) and is entitled to half of the stipulated mahr. If she has already received the mahr and purchased the jewelry from it with her husband's permission, she must return half of the gold and half of the remaining amount, unless they agree otherwise. Divorce after complete privacy (khalwa): She is required to observe the ʿiddah and is entitled to the full mahr. If there is a reason that permits divorce and the husband refuses, or the woman dislikes staying with him, she has the right to seek khulʿ. If the compulsion to perform khulʿ is due to the husband harming her, then the compensation is returnable, and the khulʿ is void, according to some jurists.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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