What are the rulings regarding Khul' (dissolution of marriage) resulting from the husband's failure to consummate the marriage with his wife, whom he forces to display herself unveiled before his brothers and kiss their heads, and is she entitled to half of the Mahr (dowry) or all of it?
If the wife stipulates in the marriage contract or before it that Islam be applied, the husband is obligated to fulfill this condition, based on the Prophet’s (peace be upon him) saying: “Muslims are bound by their conditions,” and his saying: “The conditions most worthy of fulfillment are those by which you make intimacy lawful.”
If the husband breaches the condition, such as ordering her to remove her in front of his male siblings, then she has the right to annul the marriage. If the annulment occurs before consummation, she is entitled to half of the dowry, which is the preferred opinion among scholars. However, if the husband divorces her before consummation, she is entitled to half of the dowry by consensus.
If the husband refuses to divorce or annul the marriage, and there is no judicial authority to compel him, the only way for the wife is through Khul', and she is permitted to waive all or part of the dowry as agreed upon.
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