Ruling on Khula

Answered according to Hanafi Fiqh by Askmufti.co.za

Q: As women I know we have rights to ask for divorce, khula. When a lady ask for divorce from her husband, does she have to return the mahr (dowry)? And can the husband and In laws force her to return any gifts, example: wedding ring, chain and earrings, watch?

A: Khula’ is when a wife requests her husband to release her from the Nikah in lieu of money or other material commodity. This is sometimes agreed upon in lieu of return of the Mahr or any other commodity or sum of money.

If it is Khula’ and part of the Khula’ agreement is return of those things and she agrees then it will be returned. If it is not part of the Khula’ agreement or Khula’ does not take place but just a normal Talaaq, then she does not have to return those things. It belongs to her.

Allah Ta’aala knows best.

Moulana Yusuf Laher


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