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Must the fiancée return the gold to her fiancé if he violates the marriage agreement, which stipulates residing in a specific country, and decides to live in another unsafe country, and she requests a divorce because of that?

1 min readAlso available in العربية

A wife does not have the right to refuse to move with her husband wherever he wishes, unless she stipulated this in the marriage contract, because it is her duty as a form of enabling. Scholars stipulate for the move that the country and the road must be safe, and that the wife not be cut off from her family.

If it was agreed upon at the time of the contract not to travel except to a specific country, then the wife is entitled to what she stipulated, and the husband does not have the right to demand that she move to another country. Ibn Qudamah said: Conditions in marriage are divided into three types; among them are those that must be fulfilled and are beneficial to the wife, such as that he not take her out of her home or her country, or not travel with her. If he does not fulfill this, she has the right to annul the marriage.

If this was not agreed upon, and the country to which the husband wishes to move is unsafe, then the wife has the right to refuse to go with him. If he divorces her, she has the rights of a divorced woman before consummation or valid seclusion. Disputed matters are referred to the Sharia court, because the judge's ruling is binding and resolves disputes.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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