Is a wife entitled to return the mahr to her husband in exchange for divorce, given that the contract did not include a deferred mahr?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the wife is harmed by not conceiving due to the husband's infertility or his unwillingness [to have children], she has the right to seek a divorce. She is not obligated to return the dowry to the husband unless it was agreed upon as consideration for the divorce, based on the of the wife of Thabit ibn Qays. It is not a condition for the dowry to include a deferred part, and the deferred part is not forfeited by not being written in the contract.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/177233
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 177233
- 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