Is the wife entitled to file for divorce while retaining all her rights, given the husband's breach of the agreed-upon condition in the contract to furnish the house with 5000 dinars, and his failure to provide more than a small portion of the furnishings?
If the spouses agree on furnishing the house with a specific amount, the husband is bound by that, and this is considered part of the mahr (dowry) in the custom of many. If the condition was to expedite the furnishing, then the wife has the right to refuse to surrender herself until she receives it. However, if she has surrendered herself, her right to the mahr is not forfeited, but she cannot refuse thereafter. Ibn Qudamah said: "The woman has the right to refuse to consummate the marriage until she receives her expedited mahr. If she surrenders herself before receiving it, then she cannot refuse thereafter." And seeking divorce without a valid reason is forbidden, based on the Prophet's (PBUH) saying: "Any woman who asks her husband for a divorce without any severe necessity, the scent of Paradise will be forbidden to her." And "severe necessity" (bās) refers to hardship and difficulty, such as ill-treatment. The way forward is to demand the furnishing of the house kindly.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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