Question:A woman seeks guidance regarding the return of mahr in a case of khulʿ. Her father refuses to return the mahr, claiming harm caused by the husband, and cites that the court did not order a full return. The woman is under stress as her next marriage is approaching. Should she return gold or its current monetary value? What is the Sharʿī ruling?
Answer by Shaykh ʿAbd al-Wakīl Nāṣir (ḥafiẓahullāh)◉ 1. Legal Status of Khulʿ and Return of Mahr
✔ Khulʿ is not conditional upon returning the mahr.
✔ If the court has issued a decree of khulʿ and the husband has accepted it, then the separation is valid.
✔ The matter of mahr repayment is a separate issue, which is to be settled either mutually or legally.
◉ 2. Principle of Returning the Mahr
According to Islamic law, the husband has the right to demand the return of the mahr in the case of khulʿ. Therefore, if you intend to settle matters amicably, you should:✿ Return the five tolas of gold (if that was the original mahr),
✿ Or pay the current market value of the gold.
✿ You may request a reduction, as Islam allows the husband to forgive part or all of the amount.
◉ 3. Father's Objection
The father’s refusal to return the mahr is not supported by Sharʿī principles. The mahr is the husband’s rightful due, and it must be returned — either in the form of gold or its monetary equivalent.◉ 4. Legal Considerations
If the husband takes legal action to reclaim the mahr:✿ The court may order the return of actual gold or its current value.
Continued refusal to comply may result in legal penalties or financial burdens.◉ 5. Practical Advice
✔ Gently counsel your father, explaining the Sharʿī and legal obligation of returning the mahr.
✔ Offer to return a reasonable amount, either the original gold or its approximate value in cash.
✔ If the husband is willing to accept less, benefit from this opportunity for reconciliation and resolution.
Summary
❖ The khulʿ is valid and effective.
❖ Returning the mahr is mandatory, either in gold or in its current market value.
❖ The father's stance is unjustified in Sharīʿah.
❖ Try to resolve matters peacefully, especially in light of an upcoming marriage.
