What is the ruling on khul’ (dissolution of marriage at the wife’s instance) without the husband’s consent and without returning the actual mahr (dowry) to him, knowing that the wife is the one who requested the khul’ after the judge rejected her request for divorce due to harm?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Matters brought before the judiciary are decided by the judge, and a regarding them is not beneficial, because the may not know the counter-argument of the other party. The basic principle regarding khul’ (divorce at the wife's instance) is its invalidity without the husband's consent. However, if the wife is harmed and the husband refuses to grant the khul’, the judge may rule for khul’ without his consent. It is not a condition for the validity of khul’ that the compensation be the entire mahr (dowry).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 169937
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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