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The Shar’ee ruling in regard to khula’

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have questions related to talaq/khulla. My wife and I have separated. The reason she left me is unclear although I suspect she may have had an affair during our time together or after she left me. Despite my attempts to reconcile and seeking her family assistance it has not been achieved and in fact despite all this she is still showing she cares for me and my family. She asked for talaaq. I refused and she said she will seek khula’. She left me last April 2014 and about October, November time she asked for it. I refused. Till today she has said and done nothing. If she seeks khula’ can I seek my mahr and all gifts given to her back especially if she committed adultery? Again related to us. Since she left me, I have been having dreams. Some good, some really bad. But the ones I say are good have both of us together leading happy lives having children and being together us and our family. They are good happy dreams. Some have occurred after I have done istikarah. If we are to have separate lives, why do I get such dreams?


A: The Shari’ ruling in regard to khula’ is that if the violation of the rights of nikah 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). If the violation of the rights of nikah was from the husband’s side, it will be 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)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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