What is the ruling on aborting a fetus without the husband's consent and knowledge, and is the wife entitled to claim her deferred dowry in this case, taking other circumstances into consideration, and can the deferred dowry be paid in installments if a judgment is issued for it and there is an inability to pay it?
If a wife aborts her fetus without necessity, she is sinful and transgressing. Her travel without her husband's permission is not permissible, and it constitutes nushuz (rebellion), which forfeits her right to maintenance. However, her deferred mahr (dowry) is her right and is not forfeited by her nushuz. If the husband divorces her without stipulating the forfeiture of any of her rights, then he must pay her deferred mahr and all her other legitimate rights. If the divorce is revocable, the husband may take her back before the expiry of her 'iddah (waiting period), or he may refrain from divorcing her until she forfeits the deferred mahr or other rights. If the deferred mahr is due and the husband is unable to pay it, it becomes a debt upon him that he must pay when he is able. If they agree on payment in installments, there is no objection to that. In case of dispute, the Sharia judge will rule on the matter.
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- Original fatwa ID
- 133453
- Imported
- Translation status
- Source text, unreviewed
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