Talaaq after khalwat

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Please clarify in the light of Qur’an and Hadith. A girl got married and the next day of her arrival in her husband’s house, she was found guilty of immortality and the fact was proven that she had illegal sexual intercourse with may boy friends. After having proof her husband gave her divorce and the girl went to her parents house. Now what should the boy have to return to her in addition to her mahar? Should the jewelry they gave her at the time of marriage be given back to her or not? Jewelry is with the boy. The girl didn’t take anything except her clothes and simple jewellery which she wears daily.

Bismillaah

A: If the husband had consummated the nikaah or he remained with her in seclusion for that amount of time wherein the nikaah could have been consummated and there were no obstacles e.g. haidh, etc. then she will be entitled to receive the full mahr. The jewellery should not be taken back.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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