Consequences of violating the husband's conditions

21-2-2012 | IslamWeb

Question:

I have a friend who married a girl. Before marriage, he had an agreement with her that she will not work. After the conclusion of the marital contract, she disobeyed him and started working and then asked for a divorce.
What is the Sharee‘ah ruling regarding the bridal gifts and the advanced and deferred dowry, noting that she was the one who asked for divorce?

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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.

This wife is required to fulfill her husband's conditions that he stated before marriage. Consequently, she has to stop working. If she insists on keeping her job or getting a divorce, then the husband has the right either to permit her to work in a lawful job, or to divorce her forgoing the dowry, or to divorce her with the condition of returning the dowry. In the last option, it will be Khul‘ (divorce in return of compensation) in which she has to pay him back the money, including all that was given as a part of the dowry, whether stated by a condition or by custom.

Therefore, if the bridal gifts or anything else was given to the wife as a part of the dowry, all this should be given back to him. However, if it was given as a gift, it is impermissible for the husband to ask for it...

Allaah Knows best.