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Fatwa CenterBridal money of a wife who refuses to stay with her husband
Question
if the wife refuse to stay with her husband did she have any right to have a mahri.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Even if a woman is disobedient to her husband she is still entitled to her dowry, however, if she renounces it fully or partly in return for her husband to divorce her then there is no harm. Allaah Says (which means): {… Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul' (divorce).}[Quran 2:229].
Finally, the following matters should be noted:
1- Each spouse should be cautious about anything that could spoil their marital life, and each of them should fulfil his/her duties towards the other, specially if they are blessed with children. Indeed such problems or divorce will have bad effects on the children.
2- Allaah has explained to us the steps that should be followed when dealing with a disobedient wife and this is thoroughly clarified in Fatwa 89480.
Allaah Knows best.
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