Is the husband entitled to reclaim any part of the mahr (dower) if the wife seeks divorce due to his ill-treatment and abandonment, knowing that he did not spend on her throughout the period of his absence, and if so, what is the amount he is entitled to?
Among the most reprehensible acts is for a husband to strike his wife without a legitimate Shar'i justification, or to abuse her through words or deeds. If the husband assaults his wife and strikes her, she is not considered disobedient (nashiz) for leaving his house, and her maintenance (nafaqa) is not forfeited. It is permissible for the wife's father to claim from her husband what he spent on her, provided he was not donating it. The wife has the right to seek divorce due to harm. If he refuses, she may seek khul' from him in exchange for compensation, as agreed upon by both parties. However, if the husband is the cause of the divorce, he is not permitted to take compensation. Reconciliation should be sought whenever possible. If it is not possible, then the determination of who is the oppressor rests with the Shar'i court, or the two arbitrators (hakamayn), and those who mediate for reform.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 116626
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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