The Shar’ee law regarding khula’

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a woman asks her husband to set her free from her marriage (asking for talaaq or khula’) because her husband had found out that she has a boyfriend that she refuses to severe ties with and even if the husband reluctantly agrees to her unreasonable demand even after numerous meetings and compromises. Can husband ask the wife to return all his belongings like Mehr, jewellery, clothes, holidays as the husband did not gave her as gift. What is sharia ruling regarding husbands rights? Does the husband have the right to demand the return of all his items. Can you please give us the sharia ruling on this matter Wallahu Alam. The husband demands return of his property as a precondition before giving khula. Jazakallah

Bismillaah

A: If the talaaq or khula’ is subject to the wife giving the husband a certain amount of wealth in exchange of the talaaq or khula’ then that wealth will be compulsory for the husband.

Note: The Shari’ ruling in regard to khula’ is that if the violation of the rights of nikaah was from the side of the wife, it will be permissible for the husband to claim the mahr amount. Claiming more than the mahr amount is undesirable (makrooh tanzihi), though if the condition of more than the mahr amount was made, it will be compulsory upon the wife to give the husband the amount that was agreed upon. If the violation of the rights of nikah was from the husband’s side, it will not be permissible (makrooh tahrimi) for the husband to claim anything from the wife.

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

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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