Question 332: Can a woman demand her 'mahr' (dowry) from her husband due to her lack of interest in him, in order to compel him to divorce her?

Answer
✅Answer:
1 مُحَمَّدُ بْنُ عَلِيِّ بْنِ الْحُسَيْنِ بِإِسْنَادِهِ عَنْ عَبْدِ اللَّهِ بْنِ جَعْفَرٍ الْحِمْيَرِيِّ عَنِ الْحَسَنِ بْنِ مَالِكٍ قَالَ: كَتَبْتُ إِلَى أَبِي الْحَسَنِ رَجُلٌ زَوَّجَ ابْنَتَهُ مِنْ رَجُلٍ فَرَغِبَ فِيهِ ثُمَّ زَهِدَ فِيهِ بَعْدَ ذَلِكَ وَ أَحَبَّ أَنْ يُفَرِّقَ بَيْنَهُ وَ بَيْنَ ابْنَتِهِ فَأَبَى الْخَتَنُ ذَلِكَ وَ لَمْ يُجِبْ إِلَى طَلَاقٍ فَأَخَذَهُ بِمَهْرِ ابْنَتِهِ لِيُجِيبَ إِلَى الطَّلَاقِ وَ مَذْهَبُ الْأَبِ التَّخَلُّصُ مِنْهُ فَلَمَّا أُخِذَ بِالْمَهْرِ أَجَابَ إِلَى الطَّلَاقِ فَكَتَبَ إِنْ كَانَ الزُّهْدُ مِنْ طَرِيقِ الدِّينِ فَلْيَعْمِدْ إِلَى التَّخَلُّصِ وَ إِنْ كَانَ غَيْرَهُ فَلَا يَتَعَرَّضْ لِذَلِكَ
📚Faqih, Vol. 3, p. 434
Translation: Hasan ibn Malik said: I wrote a letter to Imam Abu al-Hasan (peace be upon him): 'A man marries his daughter to a man, and at first, she was interested in him, but later she becomes uninterested in this man and would like there to be a separation between this man and his daughter, but her son-in-law refuses and does not agree to a divorce, so she demands her daughter's 'mahr' from him to get him to agree to a divorce, and she takes this path to be saved and freed from this son-in-law. When the man is compelled to pay the 'mahr', he agrees to a divorce. (How is this action?)' The Imam wrote in his response: 'If this lack of interest is for the sake of religion, (by doing this) she can intend to be saved from him, but if it is for other than this, she should not pursue this action.'
✅It is observed that demanding the 'mahr' to compel and force the husband to divorce, if it is not for a religious reason, is forbidden by the Imam (peace be upon him), but a person whose lack of interest is due to religious issues can demand her 'mahr' to be freed from this husband and lead him to divorce her, because her lack of interest in this husband is for the sake of religion.
✅Today, all instances of demanding 'mahr' to compel a husband to divorce, which are not for the sake of religion and in the way of religion, are included in this prohibition of the Imam (peace be upon him), but a person who has a husband who does not pray or does not fast, or a 'ghali' (extremist) or a Sufi husband, etc., and her intention is for the sake of religion and she can compel the husband to divorce her by demanding the 'mahr', is permitted to do this, because her lack of interest in this husband is for the sake of religion.
Demanding 'mahr' to get a divorce