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The question

What is the ruling regarding the khul'a-seeking woman's right to the mahr, given the existence of two fatwas concerning this matter: one stating the obligation to return the mahr to the husband, and the other stating her ownership of the mahr if she has received it and consummation has occurred?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

There is no contradiction between the two fatwas. The first determines that the wife pays the agreed-upon compensation for khul‘ to the husband, and it does not mean returning the entire dowry. As for the second, it determines that khul‘ does not waive the wife's right to the dowry if consummation has occurred, because the dowry is established upon consummation. This does not prevent the woman from returning it as compensation for khul‘. If a woman who has been consummated with seeks khul‘ in exchange for a compensation unrelated to the dowry, she must pay it, and her dowry remains hers.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
166531
Imported
Translation status
Source text, unreviewed
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