Is a man entitled to refuse divorcing his wife—whom he has not consummated the marriage with and who has paid half of her dower—until she returns to him what he has lost financially, especially since she refuses to live with him and is demanding a divorce?
An independent dwelling is the wife's right, even if she did not stipulate it in the marriage contract, and it must be provided for her, even if rented. It is not the wife's right to demand divorce because the husband married another woman, nor is it her guardian's right to refuse to hand her over if her immediate dowry has been paid to her. Her handover should not be delayed except by what is customary. If the guardian insists on refusing to hand her over without a legitimate excuse, then the husband has the right to refuse to divorce her unless there is an agreed-upon compensation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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