What is the ruling on bargaining with the wife's family regarding the return of the dowry and its accessories and waiving the immediate portion (of the dowry) in exchange for divorce? And does divorce occur if the husband swears by divorce concerning an matter and then does it?

The majority of jurists hold that if a man swears by divorcing his wife that she will not do something, and she does it, her divorce takes place even if the husband did not intend to effect the divorce. Some jurists hold that it does not take place if he did not intend to effect the divorce, and he is obligated to pay an expiation for breaking an oath (kaffarat yamin).

On the assumption that the divorce takes place, the wife who has been consummated with is entitled to the full dowry. If the divorce is revocable (raj'i), the husband may seek khul' (divorce at the wife's instance, usually for compensation) from his wife as long as she is within her waiting period ('iddah). If the divorce is irrevocable (ba'in) or the waiting period has expired, khul' is not valid.

On the assumption that the divorce does not take place, efforts should be made towards reconciliation, seeking assistance from the families of both spouses. If reconciliation is not possible, it is preferable for the husband to divorce his wife without compensation, and he may stipulate compensation in exchange for divorcing her, provided that he was not the cause of the divorce.

In such matters, it is preferable to consult a Sharia court. A wife leaving her husband's home without his permission for no legitimate reason is considered nushuz (rebellion), and it is not permissible for the wife's family to remove her from her husband's home for no legitimate reason.