Is the deferred dowry considered a right of the wife if the reason for her seeking divorce is verbal abuse, while she refuses to file a case to claim it?
Some scholars have explicitly stated that a husband's cursing or reviling his wife or her family is a harm that grants her the right to seek divorce. If the wife retaliates with insults, then both of you have wronged each other. In such a case, an arbitrator from his family and an arbitrator from her family should intervene to reconcile between them, or to separate them if reconciliation is impossible. Scholars have differed on whether, in this situation, the two arbitrators should rule for divorce or for khul. Since khul has already occurred with the consent of the woman and her guardian, she has no right to demand anything further. If a dispute arises, it should be referred to the judiciary.
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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