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.

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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