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The question

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?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
177233
Imported
Translation status
Source text, unreviewed
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