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The question

How does separation occur and what are the resulting rights and obligations of the spouses in the event of the husband's disapproval of divorce, or in the case of Khulʿ (divorce at the wife's instance), noting that the Mahr (dowry) was specified in the contract, but gifts and gold were not, and that the husband was entering and exiting to and from the wife during the engagement period?

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

If a man secludes himself with his wife in a proper seclusion where intercourse is possible, she is entitled to the full mahr (dowry) and the gifts she has received. If he does not seclude himself with her, she is entitled to only half of the mahr, unless one of them waives the other half. The gifts are halved upon divorce before consummation. If the husband does not respond to his wife's request for divorce, she may seek khul' (divorce at the wife's instance, usually with compensation) in exchange for part of her mahr. The basic principle for khul' is the mutual consent of the spouses, but if the wife is harmed and the husband refuses, the judge may rule for khul' without his consent.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
160648
Imported
Translation status
Source text, unreviewed
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