Wants to divorce his disobedient wife in return for her delayed dowry
11-4-2010 | IslamWeb
Question:
Salamu alaykum warrahmatallah
Please advise us about the ruling on a disobedient wife who has abandoned the house of her husband and freed herself from all of her husband’s rights over her, in regards to the deferred dowry or mu’akhar if she was to be divorced. The Husband has not divorced her due to the fact he may be compelled to pay the deferred dowry/ mu’akhar which is a substantial amount. This marriage has been consummated and an advanced Mahr has been paid and received by the wife.
Can the husband divorce her due to her serious disobedience and be entitled to withhold the deferred amount of mu’akhar due to the serious nature of the disobedience of the wife?
The wife has broken many conditions of the marriage.
Jazakhallaukhayr
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.
If a wife goes out of her husband’s home without his permission and without a necessity, then she is considered a disobedient wife. This disobedience exempts the husband from the obligation of spending on her, but he is obliged to pay her the delayed dowry when it becomes due because the disobedience of the wife does not make the husband exempted from paying it.
Therefore, if the husband divorces his wife without Khul’, then he is obliged to pay the delayed dowry because it is a debt which he is obligated to pay when it becomes due if she did not renounce it or give it up in return for Khul’.
In case she renounces it or gives it up in return for Khul’, then the husband becomes acquitted from it. For more benefit, please refer to Fatwa 89039.
It should be noted that the husband is allowed to refuse divorcing her until she ransoms herself from him by paying something upon which both of them agree, like the delayed dowry or anything else.
It should also be mentioned that the Sharee’ah clarified the steps that the husband should follow in dealing with a disobedient wife and these are discussed in Fatwa 85402.
However, if it is possible to avoid divorce, then this is better.
Allaah Knows best.