Does the divorced woman deserve her deferred dower if the divorce was due to her seeking it and her refusal to live with her husband?
The dowry is a full right for the divorced wife if consummation has occurred, and half of it if consummation has not occurred. It is only forfeited if she willingly relinquishes it or if it is made an عوض (compensation) for the divorce. Actions by the wife that may lead to divorce do not nullify her right to the dowry. The wife's disobedience (nushuz) by refusing to live with her husband nullifies her right to maintenance, but it does not nullify her right to the dowry. The husband is not obliged to house his wife next to her mother; rather, she must reside with him wherever he resides, unless she stipulated before the marriage contract that she would not be taken out of her town.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/134221
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 134221
- 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