Is the wife obligated to return the dowry and gifts to the husband if she requests a divorce due to his stinginess, his failure to pray regularly, his shortcomings in his marital duties, his refusal to seek treatment, and his ill-treatment?
It is permissible for a wife to seek divorce (talaq) or annulment (khul') from her husband due to his stinginess, negligence in prayer, and weakness in intercourse, because the prohibition against a woman seeking divorce applies only when there is no valid reason. Stinginess does not justify annulment of the marriage, but the wife may take from his money what suffices for her maintenance or refer her case to a judge. The husband's deficiency in intercourse does not necessitate divorce or annulment unless he is impotent. The husband preventing his wife from visiting her family is not a justification for divorce. The husband's negligence in prayer is a great danger, but it does not necessitate divorce. However, it is recommended for the wife to separate through khul' if she dislikes him. The woman can annul the marriage from him through an agreement on what they both consent to, whether it is less than the dowry or more.
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- Original fatwa ID
- 167032
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