Is it permissible for a woman who has filed a lawsuit for khulʿ to take anything from her mahr (prompt or deferred), knowing that her prompt mahr was recorded as unpaid, and that her husband threatened to leave her suspended like a woman neither divorced nor married if she demanded anything material from him, and does her story resemble that of Thabit ibn Qays that was mentioned to her?
The ruling on the matter referred to a court rests with the court. If khul' (divorce by mutual agreement) occurs, what matters is the agreement between the spouses regarding the mahr (dower). Even if the agreement was for half the mahr, there is no harm in demanding the remainder. If the court rules for divorce without compensation, the husband must pay the full mahr. The maintenance of the daughter is obligatory for the husband, and if he wishes to seek khul' from his wife using it, the majority opinion permits it. Threatening the wife is a form of 'adl (hindrance/oppression) which is forbidden in Sharia, based on the Almighty's saying: "And do not hinder them [from marrying others] in order to take away part of what you had given them." If the wife fears the husband will carry out his threat, she may take the case to court if her request for divorce is based on a legally valid reason.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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