Since my husband is refusing to divorce me and I forsee that I will have to apply for a khulla would I have to pay HIM the amount of mehr?
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Asslaam Alay Kum!
I have read in a couple of your answers regarding khulla that the wife has to pay back the mehr to her husband that he paid her at the time of nikkah.
confused, you have used the phrase "was paid by her husband at the time of
nikkah" in my case my husband did not "pay" the mehr it was only
stipulated in the nikkah nama that in case my husband gives me a divorce I am
entitled to so and so amount as my mehr.There was no actual exchange of money
NOR did I say that I excuse my husband from the condition of mehr.
Since my husband is refusing to divorce me and I forsee that I will have to apply for a khulla would I have to pay HIM the amount of mehr? I am giving back all the gifts that I have received from him during,after and before our marriage.
Please reply as soon as possible.
Jazak Allah Khair
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Return mehr in Khula
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Your Question: .I have read in a couple of your answers regarding khulla that the wife has to pay back the mehr to her husband that he paid her at the time of nikkah.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:
229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).
Sahih Al-Bukhari Hadith 7.197 Narrated by Ibn Abbas
The wife of Thabit bin Qais came to the Prophet (saws) and said, "O Allah's Messenger (saws)! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Messenger (saws) said (to her), "Will you give back the garden which your husband has given you (as Mehr)?" She said, "Yes." Then the Prophet (saws) said to Thabit, "O Thabit! Accept your garden, and divorce her once."
Your Statements:in my case my husband did not "pay" the mehr it was only stipulated in the nikkah nama that in case my husband gives me a divorce I am entitled to so and so amount as my mehr.There was no actual exchange of money NOR did I say that I excuse my husband from the condition of mehr.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 4:
4 And give the women (on marriage) their dower (mehr) as a free gift; but if they (the wife) of their own good pleasure remit any part of it to you, take it and enjoy it with right good cheer.
Islam has enjoined and made the giving (or at least the determination) of the mehr to the bride at the time of her marriage as an absolutely obligatory condition of a marriage. Contrary to the popular practice and belief that a husband only needs to pay the determined mehr to his wife if he divorces her, Shariah Law dictates and demands that the mehr is the right of the wife which her husband has to pay her, absolutely regardless of whether he ever divorces her or not.
Whatever mehr was determined at the time of your marriage, you are well within your rights to claim and demand it.and if your husband does not fulfill this obligation of his unto you, he will be held severely accountable for his debt unto you in the Presence of the Lord Most Majestic on that Tumultuous Day of Judgment.
Unless and until your husband pays the mehr to you in absolute full, or you, of your own free will and choice and without any force or coercion whatsoever choose to forgive all or a part of the determined mehr, that amount will remain a debt upon your husband until he fulfills it.
Your Question: Since my husband is refusing to divorce me and I forsee that I will have to apply for a khulla would I have to pay HIM the amount of mehr?
If the wife chooses to free herself from her marriage and initiates a divorce proceeding against her husband in a Shariah Court of Law, the husband is indeed entitled to lawfully claim back the mehr he had paid her at the time of marriage. In your particular case, because your husband has not paid you the mehr to date, you obviously would not have to return the mehr which was never paid in the first place!!!
If the Judge of the Shariah Court were to accept your request for divorce, he would demand that you cancel the mehr debt which your husband lawfully owes you, and either ask the husband to pronounce a divorce upon you.or if for any reason the husband refuses to pronounce the divorce,, the Judge of the Shariah Court is well within his rights to pronounce a divorce in your marriage and grant you the freedom you desire.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,