Question:
Assalamualaikum Wr Wb
Dear Respected Scholar,
Hope this Email reaches yourgoodself in the best of Imaan and health.A couple had a love marriage but now it seems like the Wife is requesting for Khulaa by returning back the Mahr. The Husband feels that he has been cheated and betrayed by his Wife. Therefore, he wishes to have more than the Mahr. Is this permissible?
Pls shed some light from the Quran and Ahadith.
Wasallamualaikum Wr Wb
Answer:
Wa alaykum salam wa rahmatuLlah wa barakatuHu,
In the Name of Allah, the Most Gracious, the Most Merciful
All praise is due to Allah, Lord of the Worlds. Prayers and salutations are upon our master Muhammad, upon his people, and all his companions.
It is permissible for the husband to take compensation for khul’ from her regardless as to whether it is equal to the dowry, or less, or more. And, regardless as to whether the compensation is the same as the dowry or different, be it a cash payment, debt, or usufruct.
Imam Ar-Rafi’i stated, “There is no difference in khula’s permissibility, whether it be the dowry, part of it, or other wealth. And, there is no difference between the compensation she gives being more than what she was given by the husband as dowry or not.” And, Imam Nawawi stated, “Khul’ is made on the dowry or other wealth, less than the dowry or more.”
See: Rawdat al-Talibin 5/681; al-Sharh al-Kabir 8/396.
And, Allah knows best.
Shafiifiqh.com Fatwa Dept.