Harming the wife to coerce her to ransom herself with her dowry
10-3-2011 | IslamWeb
Question:
One of my relatives was forced to marry her paternal cousin four months ago, but as a husband, he did not respect her or her family. From the first days of marriage, he humiliated her in different ways, beat her and told her not to visit her family and relatives. He did not behave but in accordance with the opinion of his mother. The point is that this wife wishes for a divorce, but he demands the entire dowry that he paid, which is 40,000 Riyals, even though he is the one who rebuffed her from him.
Please give us a Fatwa in this respect. May Allaah reward you: Is this dowry really his right?
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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
It is impermissible for a husband to harm or even make things difficult for his wife so as to take back the dowry he has given to her. This is based on what Allaah The Almighty Says (what means): {And do not make difficulties for them in order to take [back] part of what you gave them.} [Quran 4:19] According to Ibn Al-Munthir 
"There is consensus among Islamic scholars on the forbiddance of taking back a wife's property unless the arrogance and bad companionship are on her part." He should either keep her in an acceptable manner or release her with kindness.
In conclusion, it is impermissible for the husband to take a ransom from his wife in return for divorcing her unless arrogance and disobedience is on her part, and no harm is caused by him to her, or unless it is she who likes to leave him without arrogance. In these cases, it is lawful for him to take a sum from her in return for a divorce. However, it is preferable that this sum does not exceed the amount of the dowry he had paid her, as instructed by the Prophet, sallallaahu ‘alayhi wa sallam, to Thaabit ibn Qays 
. This is also included in the general significance of the verse (that means): {or release [her] with good treatment.} [Quran 2:229]
Allaah Knows best.