Nasihah (Advice): Avoid disputes
Sayyiduna Abu Umaamah Radhiyallahu Anhu reports that Rasulullah Sallallahu ‘Alayhi Wasallam said:“No people go astray after being guided, but those who indulge in disputes.” Then Rasulullah Sallallahu Alayhi Wasallam recited the Verse: “Nay! But they are a quarrelsome people.”(Tirmidhi)
Question and Answer:
- As Salaamu alaikum Respected Mufti My query refers to as follows…If in a case of divorce,when a wife requests for the divorce,and the husband grants in, does the wife keep the Mehr or does she return it to the husband,also if the husband divorces the wife by his choice,does the wife keep the Mehr?Is there any situation that askes the wife to give back the Mehr that was given to her. Jazak Allah khairi
(Question published as received)
- The Mahr given by the husband to the wife is the sole ownership of the wife. Hence, the husband does not have the right to take it back unless the wife willingly gives it to him irrespective if the husband issues a divorce on the wife’s insistence or by himself.
Only in the case of Khula’, may the husband take back the Mahr. Khula’ refers to the wife returning the Mahr to the husband in exchange of a divorce.
And Allah Ta’ala Knows Best
Mufti Ebrahim Desai
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh.)