When the faskh is complete, do I need to return my mahr?

Published as Mahr and assets in faskh

15 Feb 2020 · 21 Jumada II 1441 AH1 min readEnglish

Question

I have applied for faskh (annulment of nikaah) and I want to ask two things regarding this:

1. When the faskh is complete, do I need to return my mahr?

2. Does there need to be a division of assets?

Answer

1. The wife does not have to return the mahr to the husband. One should ensure that the faskh is carried out on valid grounds.

2. If you are referring to being married in C.O.P (community of property), then this is not recognized according to shariah. In shariah, each person is the owner of his wealth and property. Hence, whatever wealth and assets belong to you will be regarded as your wealth, and whatever wealth and assets belong to your husband will be regarded as his wealth.

And Allah Ta'ala (الله تعالى) knows best.

References (Arabic / Urdu sources)

عن أبي حرة الرقاشي عن عمه أن النبي صلى الله عليه وسلم قال لا يحل مال امرئ مسلم إلا عن طيب نفس (سنن الدارقطني، الرقم: 2886)

لا يجوز التصرف في مال غيره بلا إذنه ولا ولايته (الدر المختار 6/200)

Answered by: Mufti Zakaria Makada
Checked & approved by: Mufti Ebrahim Salejee (Isipingo Beach)

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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/31190
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