If a man marries a woman and later it is found that he is impotent, and if the woman files for a khula for which the man denies that he is impotent but agrees to give khula, my questions are: (1) Is it his duty to pay for the expenses of the marriage day (function hall and food up to 2 lakhs) as compensation for cheating (hiding his impotency) & marrying her? (2) He is giving the mehr to her, can she take it? And (3) What are the rulings for the jewellery? He gave her jewellery back, but did not give what all they gave her in marriage (ex, clothes, footwear, accessories and jewellery but just gave 2.5 lakh for gold they gave in marriage, but these things and other gifts which she got in marriage conspires a more larger amount than 2.5lakhs)? (4) And also please tell me that they gave a necklace in marriage and said it is khandani, and the girl should pass that necklace to her future eldest daughter in law, now that khula has taken place, who is the rightful owner of that necklace?

Answered according to Hanafi Fiqh by Darulifta-Deoband.org

بسم الله الرحمن الرحيم

(Fatwa: 1037/816/H=9/1434)

(1) Neither it is lawful to demand the expenses occurred in marriage nor it is wajib (necessary) to compensate.
(2) She can accept the mahr amount.
(3) The jewels she got from her parents they must be returned by the husband, while the jewels she received from her in laws if they were gifted she will not be asked to return them and the in laws can also not demand the same back. If the jewels were not gifted or not specified, then it will depend upon the custom of the area; the jewels are borrowed in our area thus they are taken back, if the case is so in your area then the husband can take them back; otherwise not. The husband should return the furniture and articles she received from her parents. If both sides settled to return and receive the existing price of the articles then it is also acceptable.
(4) The matter of necklace should also be settled according to the details mentioned in answer 3.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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