Does the wife have the right to claim the mahr if she divorces herself (khulʿ), and what are the husband's rights in this case?
If a wife who has been consummated with seeks khulʿ after receiving the mahr, the mahr belongs to her, with no disagreement among the four schools of thought.
If the khulʿ occurs before consummation or before receiving the mahr, the Hanafis differed on whether the mahr is entirely hers, half hers, or if she receives nothing.
As for the Shāfiʿīs, the mahr belongs to the woman in all cases of khulʿ, whether the husband has consummated with her or not, and whether she has received the mahr or not.
The Hanbalis agreed with the Shāfiʿīs, and the Malikis agreed with the Shāfiʿīs and Hanbalis in all these details, except that they differentiated, concerning a woman with whom consummation has not occurred, between her seeking khulʿ from him for a payment, and his divorcing her for a payment.
The preponderant opinion is that of the majority, because half of the dowry is established for the woman by the contract, and she owns it through intercourse. Thus, it is not forfeited by khulʿ unless she waives it.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/85743
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 85743
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy