Does a divorce take place merely due to a dispute over the dowry, given that the husband refrains from coming and speaking and wants the wife to ask for a divorce, while she cannot return what the husband spent?
One must be deliberate in seeking divorce, as it is forbidden except for a valid reason such as a bad marital relationship, and the default ruling on it is prohibition. If a divorce occurs before consummation, the husband is entitled to half of the agreed-upon dowry. The wife must return any gifts and expenses paid by the husband if the divorce was at her request. The husband has the right to refuse divorce and request khul' (divorce at the wife's request in exchange for compensation) if he is not harming the wife, and the khul' will be according to their agreement. However, if the husband is harming the wife, he is not permitted to force her into khul', and anything he takes from her in such a case is not lawful for him.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/7481
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 7481
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy