Taking the dowry without the husbands permission
Question
My then wife took the dowry without my permission and refused to return it, so its like she forced me to divorce her. What is the ruling in this, is that dowry halal?
Answer
If the nikaah was consummated, then she is entitled to the dowery.
And Allah Ta'ala (الله تعالى) knows best.
References (Arabic / Urdu sources)
وإن تزوجها ولم يسم لها مهرا ثم تراضيا على تسميته فهي لها إن دخل بها أو مات عنها (هداية 2/324)
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/4090
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-4090
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