Am I entitled to reclaim the dowry and demand from my wife's family what she stole from me? Can I deprive her of custody of our two daughters? Is it permissible to divorce her while she is pregnant? What is the legal timing for divorce and the sufficient number of pronouncements?
If it is proven that the wife has committed a clear indecency, such as adultery or an illicit relationship, her husband is permitted to pressure her to give up her deferred dowry, based on the verse: (And do not constrain them to take away part of what you gave them, unless they commit a clear indecency). Her mere act of adultery does not invalidate her dowry, but it permits him to constrain her.
As for the wife taking money from her husband without his knowledge, there are two situations: 1. If the husband is stingy and she takes money for her and her children's maintenance in a reasonable manner, then she is permitted to do so, and the husband is not allowed to demand it back from her, based on the Hadith of Hind, Abu Sufyan's wife. 2. If she takes money for luxuries or to give to her family, then she is not permitted to do so, and the husband has the right to demand it back from her and to recover it from her deferred dowry or her own money.
The mother has a greater right to custody of her children as long as she does not remarry. However, custody is not limited to material care but also includes upbringing and moral care. If the mother is immoral or an apostate, she should not be given custody. The one more righteous in faith between the parents has a greater right to custody.
Divorcing a pregnant woman is a valid divorce according to the Sunnah, and it can occur from the beginning of pregnancy until its end. It is permissible to divorce a pregnant wife with a revocable divorce. If the husband wishes to reconcile with her, he should do so during her waiting period (which is until she gives birth). Otherwise, she waits for the waiting period to end, and she becomes irrevocably divorced with a minor separation, and she can be taken back with a new contract and a new dowry. It is not permissible to divorce her with three pronouncements in one sitting or with one utterance.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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