The dowry (mahr) is one of the wife’s fundamental financial rights. However, the Personal Status Law specifies certain cases in which the wife loses her right to the full dowry, in order to maintain fairness and legal balance between the spouses. These cases are explicitly stated in Articles (47) and (48) of the Personal Status Law.
Cases in Which the Wife Loses Her Right to the Full Dowry
First: Annulment of the Marriage Contract Due to a Defect in the Wife Before Consummation
The wife’s right to the dowry is forfeited if the marriage contract is annulled at the husband’s request due to a defect or medical condition in the wife, provided that this occurs before consummation of the marriage.
In such a case, the husband has the right to recover any dowry amount he has already paid to the wife.
Second: Separation Caused by an Act Attributable to the Wife
The entire dowry is forfeited if the separation occurs due to a reason attributable to the wife, including:
- Apostasy of the wife, or
- Any act committed by the wife that results in the prohibition of marital affinity (maḥram relationships)
If the wife has already received any portion of the dowry in these cases, she is legally obligated to return it in full.
Legal Basis
- Article (47) of the Personal Status Law
- Article (48) of the Personal Status Law