Q. Respected Mufti. My query refers to as follows…If in a case of divorce, when a wife requests for the divorce and the husband grants it, does the wife keep the Mahr or does she return it to the husband? Also, if the husband divorces the wife by his choice, does the wife keep the Mahr? Is there any situation that asks the wife to give back the Mahr that was given to her?
A. The Mahr given by the husband to the wife is the sole ownership of the wife. Hence, the husband does not have the right to take it back unless the wife willingly gives it to him irrespective if the husband issues a divorce on the wife’s insistence or by himself. However, in the case of Khula’, the husband may take back the Mahr.
Khula’ refers to the wife returning the Mahr or any monetary value to the husband in exchange of a divorce.
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa
This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.