Tortured by Her Husband and In-Laws and Wants Divorce
Fatwa No: 403261

Question

Assalamualikum.I am from india.since the day of my marriage my in-laws satarted torturing me.they always abuse me without any fault.then my husband also started torturing me.i have tolerated so much both mentally and physically for 1 year.i got married on 10october 2015 and came to my parents home on 7october 2016.my husband never realised his mistakes.after that i have filed case againt them.now he wants to give me divorce.some of my jewellery given by my husband n his side are with him.and all my gifts dowry given by my parents friends n relatives r with him.my parents spended upto 15lakhs in my marriage.the court gives compenstion to wife after divorce so that she can restart her life.my parents are bearing all my expenses.my husband is very rich.plz tell me do i have the right to take compenstionjQuery1110047615702338615185_1556176145444or my marriage expenses??what should i take n what should not??.plz pray for me.May Allah grand u success.Allah hafiz

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, we ask Allah to make a way out to your difficulty, facilitate your matter, and reconcile between you and your husband on the one hand, and between you and his family on the other hand.

We recommend that you endeavor to reconcile without resorting to divorce by asking wise people to intervene because reconciliation is always better.

If reconciliation is achieved, then praise be to Allah. However, if reconciliation is not achieved and there was recourse to divorce, then you have upon your husband the rights of a divorcee whose marriage was consummated, among which is the entire dowry and the right to be spent on during your waiting period [after divorce takes place]. For more benefit in this regard, please refer to Fatwa 86603.

Regarding the compensation you mentioned which the court grants to the divorcee, then if these are not Islamic rights, then it is not permissible for you (the wife) to take them.

The ruling of the jewellery that he had given you differs according to different situations. If he had given them to you as a loan to adorn yourself to him, then they belong to him. However, if he had given them to you as a gift and you received them from him (and they became in your possession), then they belong to you. Thus, if you did not renounce them to him, then you have the right to ask him to give them back to you. Also, if he had given them to you as part of the dowry, then they are your right.

Concerning what your parents, friends, or relatives had given him as a gift, then in principle, this is a pure gift to him, unless they had offered them to him for a purpose, such as giving such gifts as a means for your marriage to last and harmony to prevail, in which case, if this purpose is not achieved, the giver has the right to take it back.

Finally, it should be noted that it is more appropriate in these issues to resort to the entities who are specialized in resolving such issues for the Muslims, and it is not permissible to resort to man-made laws except in case of necessity, while not acting according to any ruling that contradicts the Sharee’ah.

For more benefit, please refer to Fatwa 95502.

Allah Knows best.

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