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The question

Is it absolutely forbidden to oppress a wife, and is it permissible for a husband to make life difficult for her so that she will seek khul' (divorce at the wife's instance) and return the mahr (dower), if she is ill-tempered, and how can we reconcile between the verses that prohibit oppression and taking the mahr, and the verses that forbid taking the mahr after giving the wife a qintar (a large amount of wealth), and how does one respond to those who say that the husband has no right to demand the mahr after having consummated the marriage with his wife?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

"Idhal" (detention/hindrance) of the wife means restricting her so she would ransom herself with money. This is permissible if the wife commits an immoral act, or insists on abandoning a religious obligation, or is disobedient (nashiz), according to the verse: (And do not detain them [forcibly] to take [back] part of what you gave them, unless they commit a clear immorality).

Immorality may include adultery, disobedience, defiance, foul language, or any bad conduct that leads to immoral acts.

However, if there is no legitimate reason, then "idhal" is prohibited, and it is not permissible for the husband to harm her so she would ransom herself from him.

This does not contradict the verse (And if you want to replace a wife in place of another wife), as the dowry is the property of the woman and it is not permissible to take it except if she offers it willingly, or ransoms herself with it for a legitimate reason.

The statement by those who say: "The husband has no right to demand the dowry he paid her, because he took his right when he made lawful what was unlawful for him from her" is generally correct, with the exception of the case of clear immorality, or if the wife dislikes her husband and seeks separation.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
6142
Imported
Translation status
Source text, unreviewed
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