What are the wife's rights if she is the one seeking a divorce?
If the wife requests a divorce and the husband divorces her without the condition of her waiving her rights, then she is entitled to her full mahr (dowry) and maintenance during the (waiting period) if the divorce is revocable. She is also entitled to mut'ah (compensatory gift) according to some scholars. However, if the husband divorces her on the condition that she forfeits her mahr or part of it, then she has no right to what she has forfeited. If she requests a divorce due to harm inflicted upon her by the husband, then he has no right to stipulate that she forfeits any of her rights. She has the right to refer the matter to a judge to issue the divorce and establish all her rights as a divorcée.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 187326
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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