Jamiatul Ulama KZN

Taking back the Mahr

· 25 Jumada I 1438 AH1 min readEnglish

Question

As Salaamu alaikum 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 in, does the wife keep the Mehr or does she return it to the husband,also if the husband divorces the wife by his choice,does the wife keep the Mehr?Is there any situation that askes the wife to give back the Mehr that was given to her. Jazak Allah khairi

Answer

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.

Only in the case of Khula’, may the husband take back the Mahr. Khula’ refers to the wife returning the Mahr to the husband in exchange of a divorce.

And Allah Ta’ala Knows Best

Answered by
Mufti Ebrahim Desai
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Source: Jamiatul Ulama KZN — https://jamiat.org.za/taking-back-the-mahr/
Fatawa SA: https://fatawa.co.za/fatwa/jamiat-22211

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