Fatwa ID: 05362
Answered by: Mufti Eunus Ali
Question
Assalamu Alaikum,
I had been married for 13 years and have 2 kids from the marriage. I have recently taken khula from my husband because he used to drink, smoke drugs, and contributed very little to financial and household responsibilities in the home. Upon, khula, has demanded that I return the jewelry his family gave on our marriage (with no specific terms to return in case of marriage ends), transfer all our joint bank accounts and savings to his name only. However, he has said that he will let go of the Haq mahr which is PKR 100,000 (GBP £740).
My questions are;
1. If he has been at fault and demands mahr, am I obliged to give it back to him?
2. Is jewelry to be returned since it was mine and I have paid zakat on it from my own money all these years? If I must give it back to him now, it seems like a loan, and then why did I pay zakat on it?
3. To confirm, the iddah period is 1 menstrual cycle?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Firstly, I would like to explain the process of Khul’a: Allah has stated in the Quran: And if you fear that they would not maintain the limits of Allah (i.e. marriage) then there is no sin upon them both in what she (the wife) gives up to secure her release. (Surah Al-Baqarah Verse 229)
In light of the above-mentioned verse, if the couple cannot maintain their marriage and the husband refuses to issue the wife a talaq, it will be permissible for the wife to give some money or wealth to the husband, which is agreed upon by both husband and wife, in exchange of releasing herself from his wedlock.
It is important to note that it is necessary for the husband to agree to the khula for it to be valid.
If the husband agrees to the khul’a, the amount agreed upon will be compulsory for the wife to pay to the husband and a talaq Al-Ba’in (divorce absolute) will take place. After completing the iddah (waiting period) the wife will be permitted to marry elsewhere if she wishes to.[1]
In regards to your questions:
- Shariah has stipulated that it is makruh (disliked) for the husband to take any amount if he is at fault, however, if there is an agreement between the husband and wife of a certain amount in exchange for the khula that will become binding and it will be obligatory upon the wife to pay.[2]
It is not necessary that the amount of mahr be paid, rather it may be more or less.
- If the gold was purchased by you then it belongs to you like the rest of your possessions and will not have to be given to the husband in the case of a divorce.
If the gold was given by the husband as a gift to the wife, then again this will become her property and will not be returned in the case of a divorce.
If the gold was given only to wear during the marriage and not as a gift, the ownership will remain with the husband even after divorce.[3]
If the agreed amount between the couple is for the wife to return the gold/mahr in exchange for the khula that will be bonding.
- The iddah period of a woman is three complete menstrual cycles.[4]
Only Allah knows best
Written by Mufti Eunus Ali
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Al-Lubab Fi Sharhil Kitab, Page 463, Al-Maktabatul Umariyyah
[2] Al Binayah Sharh Al Hidayah, Volume 5, Page 511, Darul Kutubul Ilmiyyah
[3] Fatawa Mahmoodiyyah, Volume 12, Page 106, Jamiah Farooqiyyah Karachi
[4] Al-Lubab Fi Sharhil Kitab, Page 478, Al-Maktabatul Umariyyah
