Divorce: The prohibition of ill-treatment to elicit divorce

Q169 :The prohibition of ill-treatment to elicit divorce


A169 : It is haram for the husband to torment and mis-treat his wife in order to compel her to seek a divorce so that she will return to him all or part of the property he has given her. Only if the wife is guilty of clear immorality, may her husband demand the return of all or part of the mehr to him. In this regard Allah Ta'ala says: "...Nor should you treat them with harshness in order that you may take away part of what you have given them, unless they are guilty of open lewdness."(4:19). It is also haram for a husband to take back anything from his wife because he hates her and wants to divorce her so he can marry another woman. As Almighty Allah says: But if you decide to take one wife in place of another, even if you have given one of them a heap of gold, do not take (back) anything of it; would you take it back by slander and a manifest wrong: And could you take it back, when each of you has been privately with the other, and they (the wives) have taken a solemn covenant from you? (4:20-21)


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