Feasibility of Restitution of Dowry in the Event of the Wife’s Commission of Sexual Immorality from the Perspective of the Holy Qur’an

Abstract

Contrary to financial relations among individuals in society, which are generally not restricted or revoked by criminal law, Islamic jurisprudence recognizes that the financial relations governing spouses may be affected by criminal law; however, the nature and conditions of this influence require clarification. The present study examines this interrelationship and seeks to answer whether the commission of sexual offenses by the wife can, beyond criminal liability, affect her financial rights, and if so, what the scope and conditions of such an effect are. This research, employing an analytical–descriptive method and relying on library-based sources, attempts to provide a clear and well-documented answer to this question. The findings indicate that in contemporary statutory laws, despite their influence from Islamic jurisprudence, the effect of the wife’s sexual conduct on her financial rights has largely been disregarded, and has been recognized only in limited and exceptional cases, such as nahla (a discretionary financial grant). In contrast, Islamic jurisprudence anticipates a connection between the commission of unlawful sexual conduct and the wife’s financial rights. In particular, verse 19 of Surah al-Nisa and verse 1 of Surah al-Talaq provide clear indications of the possibility of restricting or revoking certain financial rights in cases involving the commission of fāḥishah (manifest sexual immorality) (Qur’an, 4:19; Qur’an, 65:1). This relationship also appears to be consistent with the legal analysis of marital relations, insofar as financial expenditures such as the dowry (mahr) provided by the husband are fundamentally intended to establish and maintain the marital bond, and are anticipated for a customary duration. However, when the wife commits sexual offenses, such conduct undermines the very bond for which these financial expenditures were made, thereby weakening the legal and moral foundation underlying those financial obligations. Through a comparative and jurisprudential re-examination, the present study demonstrates that the influence of unlawful sexual conduct on the wife’s financial rights is doctrinally justifiable within Islamic jurisprudence, whereas in contemporary statutory law, such influence has remained largely limited and exceptional.