What is the ruling on a husband refusing to divorce his wife after al-khalwa (private seclusion) and agreement on divorce? Is the woman entitled to demand annulment without returning the mahr (dowry) to the husband?
If a husband has a proper (private seclusion) with his wife, she is entitled to the full mahr (dowry). The preponderant opinion is that marital gifts should be returned to him. As for the gold shabka (bridal jewelry), it is part of the mahr and not a gift. If the wife seeks divorce without harm [from the husband], the husband has the right to refuse until she relinquishes some of her rights to him. However, if he is harming her, she has the right to divorce due to harm without relinquishing any part of her sadaq (dowry). If the wife dislikes her husband without harm [from him], then khul’ (divorce at the wife's request, often involving compensation to the husband) is the way for separation.
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