Are the wife's family entitled to demand half the dowry after they promised to return it, and there is a waiver of all rights in the divorce papers, knowing that the legal seclusion (khalwa shar'iyya) occurred without consummation?
If the divorce takes place in exchange for the wife waiving her right to the mahr (dowry), then it is a valid, irrevocable divorce ( ba'in), and the wife is not entitled to retract her waiver. The wording: "I absolve my husband of all that I am entitled to from him through this marriage, including half of the prompt and deferred mahr, and all other related rights," is explicit in their knowledge and waiver, and an absolution cannot be retracted. The wife may retract her offer of compensation before the husband pronounces the divorce, but she cannot retract it after the divorce. It is advisable to clarify that the divorce was based on the wife's waiver of the mahr.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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