Can the husband take more compensation than the dowry he gave in Khula

Fatwa ID: 02398

Answered by: Mufti Mohammed Tosir Miah

Question:

In a khul' divorce the woman returns the mahr so can the man receive more than the mahr he gave his wife? 

Answer

بسم الله الرحمن الرحيم

In regards to the compensation, if the husband was at fault (which lead to the khula), then it is undesirable for him to demand compensation in return for a divorce. Allah states in the Quran: “If you wish to marry another wife in place of the one you already have, do not take back anything of what you have given her even if it be a heap of gold…” (Surah Nisa v.20)

Furthermore, there is a statement from Imam Zuhri (RA) who says that a husband will be compelled to return the compensation he took from his wife if he had been at fault. (Musanaf Abdur Razzaq p.382 v.6)

However, if the husband did take compensation in the situation where he is at fault, it will be considered permissible, although Makruh. (Hidayah p.404 v.2) 

However, if the wife was at fault, then it is undesirable for the husband to take from her more than he had given her (dowry) although it is permissible to take extra. (Hidayah, Ibid)

An example of this can be found in a hadith where once Jamilah Bint Saluul came to the Prophet of Allah Sallallahu Alahi Wasalam wanting a khula from her husband. The Prophet of Allah Sallallahu Alahi Wasalam told her to return the garden which she took from her husband as the dowry, back to him. (Sunan Ibn Majah p.148 v.1)

However, Saaiduna Ibn Abbas Radiallahu Anhu is of the view that it will be permissible for the husband to take more than the dowry as compensation. (Musanaf Ibn Abi Shaibah p.129 v.4 & Musanaf Abdur Razzaq p.505 v.6) 

Only Allah Knows Best

Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

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