Is the wife obliged to return the full dowry to her husband after discovering his bad character and his desire for separation before consummation?
What the husband does by way of insult, abuse, and false accusation is forbidden () and permits the wife to seek a divorce. It is advised to be patient and make supplications (du'a) first. If patience is not possible and the wife is harmed, then there is no blame upon her for seeking a divorce. If the husband agrees to the divorce, the wife is entitled to half of the dowry unless there was a valid privacy (khilwa sahiha), in which case she is entitled to the full dowry. If the husband does not agree to the divorce, the wife can refer the matter to the courts to prove the harm, or she can seek a khul' (divorce at the wife's instance) by returning what he paid. The wife must reside where her husband resides and must not refuse to travel with him unless she stipulated that condition before or during the marriage contract.
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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