Is it Islamically permissible to demand that the husband pay the remaining portion of the prompt mahr, and what are the implications if the court rules in favor of that, knowing that the wife was the one who sought the divorce and refused to reconcile, and the husband has since married another woman?
A wife's request for divorce because her husband does not allow her to work in a mixed environment and does not pay for her education is impermissible, due to the severe warning mentioned for a woman who seeks divorce without a compelling reason.
As for the wife's rights, if the husband has not consummated the marriage or been in seclusion with her: 1. If the advanced dowry is three thousand in addition to the value of the jewelry and celebration costs: The husband must pay what the court has obligated him to pay from the remaining immediate dowry; because it is half of the mahr (dowry) and the wife is entitled to it in all cases. If he divorces her before consummation, she has no right to the rest of the mahr. 2. If the jewelry and celebration costs are part of the total mahr: The agreement must be adhered to, and the wife is only entitled to the remainder after the value of the jewelry and celebration expenses.
As for maintenance (nafaqah), a woman is not entitled to it unless after consummation and the husband's ability to enjoy her, unless the wife offers herself and is ready for consummation, and the refusal or delay comes from the husband. In this case, the wife is not entitled to maintenance because she is the one refusing to complete the marriage and requesting a divorce.
The husband has the right to refuse to divorce her - after fulfilling her mahr - until she redeems herself from him with money, if the wife insists on seeking a divorce without justification.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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