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Taking the dowry without the husbands permission

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: 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?

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A: If the nikaah was consummated, then she is entitled to the dowery. 

And Allah Ta’ala (الله تعالى) knows best.

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:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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