What are the rights of a wife upon divorce due to her husband's mistreatment, when she is unable to prove the harm, and is the husband entitled to take the gold?
If the wife requests divorce due to harm inflicted upon her by the husband, and she proves it, the judge will rule in her favor for divorce. She is entitled to maintenance and housing during the waiting period () if the divorce is revocable, or if she is pregnant in the case of an irrevocable divorce. She is also entitled to a consolatory gift (mut'ah), which is a sum of money paid by the husband. The dower (sadaq) is a full right for the wife and includes everything that constituted the dower. To prove harm, witnesses are not required; rather, the testimony of one trustworthy informant who informs the judge about the spouses' situation is sufficient. If the wife is unable to prove the harm, she can seek khul' (divorce at her initiative by returning the dower) or request a divorce in exchange for compensation, in which case some or all of her rights may be forfeited.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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