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The question

What is the ruling of Islamic law regarding a husband's refusal to divorce his wife, with whom he has not consummated the marriage, unless he recovers the dowry, the jewelry, the value of the apartment's lease agreement, and the furniture?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A wife is not permitted to seek a divorce without a valid Shar’i (legal) excuse, based on the Hadith: "Any woman who asks her husband for a divorce without any harm (justifying it), the scent of Paradise will be forbidden to her." If consummation has not occurred, the wife is entitled to only half of the agreed upon Mahr (dowry), as stated in the Quran: "And if you divorce them before you have touched them and you have already specified for them an obligation (Mahr) - then for them is half of what you specified." As for the engagement gifts (shabka) and household furniture, their rulings have been detailed previously. If the wife is the one who desires the divorce and the husband is unwilling, he has the right to request a ransom (compensation) from her, unless he is the cause of her seeking divorce by harming her.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
112496
Imported
Translation status
Source text, unreviewed
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