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The question

Is it permissible for the female petitioner to deduct the costs of the divorce case from the compensation amount awarded by the judge and return the remainder to her ex-husband, or must she return the full amount?

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

For a woman divorced after consummation, the dowry is paid in full. Her maintenance during the waiting period () varies depending on the type of divorce: she is entitled to maintenance in a revocable divorce, but not in an irrevocable divorce, such as a divorce for compensation or the third divorce.

There is no basis in Islamic jurisprudence for compensation for arbitrary divorce or maintenance for neglect. Compensation covers actual financial damage and does not include moral or emotional damage.

As for litigation expenses, the procrastinating divorcer must pay them if his refusal to fulfill the right is the reason for filing the lawsuit. These include lawyer fees, court fees, and travel expenses. However, if he is not procrastinating, the divorced woman is not entitled to demand any of these expenses from him.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
7376
Imported
Translation status
Source text, unreviewed
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