Does the wife deserve the dower (the advanced and the deferred) if she requests a divorce without a legitimate Shar'i reason, while claiming the husband's shortcomings, and her own shortcomings towards him, and what should the husband do if the dower is obligatory upon him while he is in financial straits?
A divorced woman is entitled to the full mahr (dowry), both the immediate and deferred portions. Her request for divorce does not nullify it, whether or not there was a legitimate Shar'i reason for her request. Disobedience (nushooz) nullifies her right to maintenance, unless she is pregnant. If the husband is in financial hardship, the mahr remains a debt upon him, and she should grant him respite until Allah eases his situation. Reconciliation between the spouses is advised, and the mother should be counseled to wear the . The woman is not obligated to observe the (waiting period) again if its duration has passed and she did not observe it.
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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