What is the ruling regarding the dower if the wife seeks divorce from her husband who mistreats her and raises his hand against her, knowing that he has not yet consummated the marriage with her? Does she have to return the entire dower to him?
If a woman is divorced before consummation or valid seclusion, and she was not stipulated to forgo any part of the mahr, or if the judge granted the divorce due to harm, then she is entitled to half of the mahr, unless one of the spouses forgives the other the half, as Allah Almighty says: "And if you divorce them before you have touched them but you have already specified for them an obligation [of mahr] - then for them is half of what you specified, unless they [the women] forgo it or he in whose hand is the marriage contract forgoes it. And that you forgo is nearer to righteousness. And do not forget grace between you. Indeed, Allah, of whatever you do, is Seeing."
However, if the wife requests a divorce without any harm from the husband, the husband is permitted to refuse the divorce until the wife forgoes half or part of the mahr for him, according to their agreement.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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