Excerpt from: احکام و مسائل کتاب و سنت کی روشنی میں by Shaykh Mubashir Ahmad Rabbani
My wife is upset and demanding divorce. The mahr (dower) recorded at the time of marriage was two tolas of gold jewelry.
① At the time of divorce, am I entitled to take the jewelry back?
② Can I perform a second marriage in her absence?
Please explain with evidence from the Qur’an and Sunnah.
When a woman demands divorce from her husband, it is termed khulʿ in Islamic jurisprudence.
In such a case:
The husband is permitted to take back the mahr he gave her — if he so chooses.
He may also forgive it voluntarily.
Allah ﷻ says:
﴿فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ﴾
"If you fear that they will not uphold the limits set by Allah, then there is no sin upon either of them if the woman offers compensation (to be released from the marriage)."
[al-Baqarah: 229]
This verse indicates that a woman can seek separation by returning wealth or mahr, and the husband incurs no sin for accepting it.
Ḥabībah bint Sahl رضي الله عنها was married to Thābit bin Qays رضي الله عنه. One morning, the Prophet ﷺ found her at his door in the dark and asked her about her situation. She said:
“I cannot live with Thābit bin Qays.”
When Thābit arrived, the Prophet ﷺ said:
“This is Ḥabībah. She has mentioned what Allah willed.”
She then said:
“O Messenger of Allah! I am returning everything he gave me.”
The Prophet ﷺ said:
“Take it back from her and release her (i.e., divorce her).”
He accepted the return and divorced her.
[Abū Dāwūd: 2227 | al-Nasā’ī: 3528]
Another narration in Abū Dāwūd (2228) mentions that:
– Thābit had struck his wife and injured her.
– After Fajr prayer, she complained to the Prophet ﷺ.
– The Prophet ﷺ called Thābit and told him to accept some wealth and divorce her.
Thābit asked:
“Is that permissible, O Messenger of Allah?”
He ﷺ replied:
“Yes.”
Thābit said:
“I gave her two orchards as mahr, and she has both.”
The Prophet ﷺ said:
“Take both and release her.”
And he did so.
In the case where the wife demands divorce, the husband may:
✔ Take back the mahr (e.g., the two tolas of gold)
✔ Then issue the divorce (ṭalāq)
There is no sin or injustice in doing this, as long as it is mutual and within Islamic procedure.
A man is not religiously required to seek his wife's permission or presence for a second marriage.
✔ As long as he is capable of justice between wives,
✔ And fulfills the conditions of marriage according to Sharīʿah,
✔ He may marry another woman at any time — even without the first wife's consent.
This is a clear Sharʿī right granted to men in Islam, and the first wife has no authority to object to it from a religious standpoint.
➤ First Question:
You may take back the two tolas of gold (mahr) if your wife is demanding divorce through khulʿ.
➤ Second Question:
You are allowed to marry another woman — even in the absence of your current wife.
There is no Sharʿī barrier, as long as justice is observed.
❖ Question:
My wife is upset and demanding divorce. The mahr (dower) recorded at the time of marriage was two tolas of gold jewelry.
① At the time of divorce, am I entitled to take the jewelry back?
② Can I perform a second marriage in her absence?
Please explain with evidence from the Qur’an and Sunnah.
❖ Answer:
✿ Regarding the Return of Mahr in Case of Khulʿ (خلع):
When a woman demands divorce from her husband, it is termed khulʿ in Islamic jurisprudence.
In such a case:
The husband is permitted to take back the mahr he gave her — if he so chooses. He may also forgive it voluntarily.Allah ﷻ says:
﴿فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ﴾
"If you fear that they will not uphold the limits set by Allah, then there is no sin upon either of them if the woman offers compensation (to be released from the marriage)."
[al-Baqarah: 229]This verse indicates that a woman can seek separation by returning wealth or mahr, and the husband incurs no sin for accepting it.
✿ Prophetic Example:
Ḥabībah bint Sahl رضي الله عنها was married to Thābit bin Qays رضي الله عنه. One morning, the Prophet ﷺ found her at his door in the dark and asked her about her situation. She said:
“I cannot live with Thābit bin Qays.”
When Thābit arrived, the Prophet ﷺ said:
“This is Ḥabībah. She has mentioned what Allah willed.”
She then said:
“O Messenger of Allah! I am returning everything he gave me.”
The Prophet ﷺ said:
“Take it back from her and release her (i.e., divorce her).”
He accepted the return and divorced her.
[Abū Dāwūd: 2227 | al-Nasā’ī: 3528]Another narration in Abū Dāwūd (2228) mentions that:
– Thābit had struck his wife and injured her.
– After Fajr prayer, she complained to the Prophet ﷺ.
– The Prophet ﷺ called Thābit and told him to accept some wealth and divorce her.
Thābit asked:
“Is that permissible, O Messenger of Allah?”
He ﷺ replied:
“Yes.”
Thābit said:
“I gave her two orchards as mahr, and she has both.”
The Prophet ﷺ said:
“Take both and release her.”
And he did so.
Ruling:
In the case where the wife demands divorce, the husband may:
✔ Take back the mahr (e.g., the two tolas of gold)
✔ Then issue the divorce (ṭalāq)
There is no sin or injustice in doing this, as long as it is mutual and within Islamic procedure.
✿ Regarding a Second Marriage in the Wife’s Absence:
A man is not religiously required to seek his wife's permission or presence for a second marriage.✔ As long as he is capable of justice between wives,
✔ And fulfills the conditions of marriage according to Sharīʿah,
✔ He may marry another woman at any time — even without the first wife's consent.
This is a clear Sharʿī right granted to men in Islam, and the first wife has no authority to object to it from a religious standpoint.
Conclusion:
➤ First Question:
You may take back the two tolas of gold (mahr) if your wife is demanding divorce through khulʿ.
➤ Second Question:
You are allowed to marry another woman — even in the absence of your current wife.
There is no Sharʿī barrier, as long as justice is observed.
