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What to return in a khula’

Fatwaa ID: 2213

Question:
Assalam Alaikum respected Mufti saheb,
Question about Khula:
If a girl asks for the khula, what does she have to give back to the (former) husband.

  • It was a Nikah without a Rukhsati:
  • They lived in 2 different states and met few times.
  • They had Khilwat e Fasida- they stayed in the same room but she was on her Haidh during that time.

Main things she got from the guy is:
Cash Mahr
A gold jewelry set and diamond ring
Besides many small random gifts and clothing
Would really appreciate a reply.
Jazakum Allahu Khayran

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

We would like to clarify first that a khula’ refers to the wife requesting the husband for divorce in lieu of a monetary or material amount, as mutually agreed upon by both spouses, payable by the wife to the husband. The husband’s acceptance is necessary for the validity of the khula’. If he does not accept, then the khula’ will not take place and the marriage will remain valid.

There is no prescribed amount that the wife has to give. It is an amount or thing that they mutually agree on. There is no minimum or maximum. Many couples opt for returning the mahr and/or expensive gifts. Others opt for other amounts or things. The ultimate decision is left to the couple.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

08/30/1445 AH – 03/11/2024 CE | AML1-9875

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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