What happens to the Mahr after a Faskh (cancelled) Nikah?

Fatwa ID: 03054

Answered by: Shaykh Umer Khan​

Question:

Assalamu Alaikum Wa Rahmatullah

If a marriage is faskh after khalwat then does the mahr have to be given back?

Answer:

بسم الله الرحمن الرحيم

In the name of Allah, the Most Gracious, the Most Merciful.

Assalamualaikum Wa Rahmatullahi Wa Barakaatuh

Faskh of nikāḥ means dissolving the marriage contract by the decree of a Muslim judge in a sharīʻah court where sufficient grounds for the decree exist according to Islāmic Law. In a non-Muslim country, an Islāmic/sharīʻah council may serve this function. A faskh of nikāḥ has the same effect as a bā'in ṭalāq (resulting in an irrevocable to the marriage), and the same rulings apply.

Based on the presence of khalwat al-ṣaḥīḥah (having privacy and isolation in a way and situation that intercourse was possible), according to the Ḥanafī jurists, she may keep the full mahr and does not have to return any of it (al-Hidāyah, 3/71).

 

Only Allah knows best

Written by Shaykh Umer Khan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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