Source: Fatāwā Amunpuri by Shaykh Ghulam Mustafa Zaheer Amunpuri
If a wife has not received her Mahr and then obtains Khulʿ (divorce through compensation), can she demand her Mahr afterward?
If a woman has not yet received her Mahr and then seeks Khulʿ, she cannot demand the Mahr from her husband afterward.
However, if she had already received the Mahr, then at the time of Khulʿ, she must return the Mahr amount to her husband—unless the husband waives it, in which case there is no harm.
❀ Ḥabībah bint Sahl al-Anṣāriyyah رضي الله عنها narrated:
She was married to Thābit bin Qays bin Shamās رضي الله عنه. One day, the Messenger of Allah ﷺ came out in the dark for the Fajr prayer, and found Ḥabībah standing at his door. He asked:
“Who is this?”
She replied: “Ḥabībah bint Sahl.”
He asked: “What’s the matter?”
She said: “It is impossible for me to continue living with Thābit bin Qays.”
When Thābit arrived, the Prophet ﷺ said to him:
“This is Ḥabībah bint Sahl. She has mentioned what Allah has permitted.”
Ḥabībah said:
“O Messenger of Allah! What he gave me (as Mahr) is still with me.”
The Prophet ﷺ said to Thābit:
“Take it back.”
So, he took it back, and she went back to her family.
[Muwaṭṭa’ Mālik: 2/564; Musnad Aḥmad: 6/433–434; Sunan Abī Dāwūd: 2227; Sunan al-Nasāʾī: 3492]
Chain Status: Authentic (Ṣaḥīḥ) – Authenticated by Imām Ibn al-Jārūd (749) and Imām Ibn Ḥibbān (4280).
❀ He reported:
“The wife of Thābit bin Qays came to the Prophet ﷺ and said:
‘I do not fault Thābit in his religion or character, but I fear falling into disbelief within Islam.’”
The Prophet ﷺ said:
“Will you return his garden (that he gave you as Mahr)?”
She replied:
“Yes.”
So the Prophet ﷺ commanded her to return his garden, and he separated them.
[Ṣaḥīḥ al-Bukhārī: 5276]
❖ Question:
If a wife has not received her Mahr and then obtains Khulʿ (divorce through compensation), can she demand her Mahr afterward?
✿ Answer:
If a woman has not yet received her Mahr and then seeks Khulʿ, she cannot demand the Mahr from her husband afterward.
However, if she had already received the Mahr, then at the time of Khulʿ, she must return the Mahr amount to her husband—unless the husband waives it, in which case there is no harm.
◈ Authentic Example from the Sunnah:
❀ Ḥabībah bint Sahl al-Anṣāriyyah رضي الله عنها narrated:
She was married to Thābit bin Qays bin Shamās رضي الله عنه. One day, the Messenger of Allah ﷺ came out in the dark for the Fajr prayer, and found Ḥabībah standing at his door. He asked:
“Who is this?”
She replied: “Ḥabībah bint Sahl.”
He asked: “What’s the matter?”
She said: “It is impossible for me to continue living with Thābit bin Qays.”
When Thābit arrived, the Prophet ﷺ said to him:
“This is Ḥabībah bint Sahl. She has mentioned what Allah has permitted.”
Ḥabībah said:
“O Messenger of Allah! What he gave me (as Mahr) is still with me.”
The Prophet ﷺ said to Thābit:
“Take it back.”
So, he took it back, and she went back to her family.
[Muwaṭṭa’ Mālik: 2/564; Musnad Aḥmad: 6/433–434; Sunan Abī Dāwūd: 2227; Sunan al-Nasāʾī: 3492]Chain Status: Authentic (Ṣaḥīḥ) – Authenticated by Imām Ibn al-Jārūd (749) and Imām Ibn Ḥibbān (4280).
◈ Another Authentic Report from Ibn ʿAbbās رضي الله عنهما
❀ He reported:
“The wife of Thābit bin Qays came to the Prophet ﷺ and said:
‘I do not fault Thābit in his religion or character, but I fear falling into disbelief within Islam.’”
The Prophet ﷺ said:
“Will you return his garden (that he gave you as Mahr)?”
She replied:
“Yes.”
So the Prophet ﷺ commanded her to return his garden, and he separated them.
[Ṣaḥīḥ al-Bukhārī: 5276]
Conclusion:
- If Mahr was not received, and Khulʿ takes place, the woman cannot demand it afterward.
- If Mahr was already received, she must return it at the time of Khulʿ.
- However, if the husband willingly forgives it, it is permissible.
