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The question

Is the wife entitled to seek divorce due to her husband abandoning her, without returning any portion of the dowry, knowing that the husband refuses to return her and refuses divorce except upon the return of the dowry, thus leaving her in a suspended state?

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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 reason is not from the wife, such as insubordination (nushooz), then the husband has no right to prevent her from leaving him by paying a compensation (udhl), and this is considered an injustice. The wife has the right to request a divorce if she is harmed by her husband's abandonment of her without a legitimate reason. It is recommended to seek reconciliation and the intervention of wise individuals, as Allah Almighty says: "And if a woman fears from her husband nushuz (ill-conduct or desertion) or aversion, there is no sin upon them if they make terms of reconciliation between themselves - and reconciliation is better. And [human] souls have been made to incline to [worldly] avarice. But if you do good and fear Allah - then indeed Allah is ever, with what you do, Acquainted." If reconciliation is not achieved, then the matter must be brought before the judge to rule as he deems appropriate.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
141205
Imported
Translation status
Source text, unreviewed
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