Is it permissible for the husband to reclaim gold, gifts, and the expenses for painting the apartment after the engagement is broken and before consummation, knowing that he was the one who rushed the painting and there was a misunderstanding and deception on his part?
Misunderstanding and differences in character between spouses are not valid reasons to seek divorce, for the general rule concerning divorce is prohibition, and it is only permitted to the extent of need. If it becomes impossible for the marriage to continue due to his unsatisfactory character, then if he divorces you directly, you are entitled to half of the dowry stipulated in the contract. If he refuses to divorce you until he recovers what he gave you, he has the right to do so. As for painting the apartment and furnishing the furniture, you have no connection to these and are not responsible for any part of them. If the dispute between you becomes severe, the one who will arbitrate it is the Sharia judge.
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- Original fatwa ID
- 6016
- Imported
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