What is the Shar'i ruling on the retrieval of the mahr (dowry) and gifts presented, in the event that the wife's family desires to divorce their daughter after a year and a half of marriage without consummation, and the husband has not fulfilled the condition of independent housing?
Independent housing is a right of the wife, and asserting it as a condition in the marriage contract makes it binding on the husband. If the husband fails to fulfill the condition after a long delay, he has two options: The first, to declare his inability to fulfill it, in which case he divorces the wife. If he has not consummated the marriage or been in seclusion with her, she is entitled to half the Mahr and no waiting period (iddah) is required of her. However, if he has consummated the marriage or been in seclusion with her, she is entitled to the full Mahr and a waiting period (iddah) is required of her. The second, to declare his ability to fulfill it, but after some time. In this case, people of wisdom intercede to set a reasonable deadline. If he fails to fulfill it, the wife's family has the right to annul the marriage. The gifts presented by the husband cannot be reclaimed by him, because retracting a gift is forbidden, and because the divorce was due to his actions.
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