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:

My Qadi issued Khul for me last month by retrieving my Mahr with the intention of giving to my ex-husband. But the latter is refusing to accept it, saying he wants more than the original Mahr. In this case, is my Khul effective?

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Qadi issued khula divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Dear and beloved Sister in Islam, if the Shariah Court Judge or Qadi has issued and declared the ‘khula’ on the condition that the ‘mehr’ your husband gave you at the time of marriage is returned to him, and you have agreed to that condition….then regardless of whether the husband accepts it or refuses it, the decree and the ruling of the Qadi will be valid…and a divorce between the couple will be deemed established in the Sight of Shariah Law and of Allah Subhanah.

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).

When effecting a ‘khula’ divorce in Shariah, the husband has the right to only demand that the ‘mehr’ he paid his wife at the time of marriage be returned back to him; he has absolutely no right to demand that his wife pay him anything more than the ‘mehr’ he paid her.

If the wife, of her own will, pleases to give her husband more than the ‘mehr’ he paid her to obtain her freedom, there is no harm if the husband accepts it…..but the husband has absolutely no right in Shariah to demand that his wife pay him more than the ‘mehr’ he paid her at the time of marriage in a ‘khula’ divorce.

Anyways, in your particular case, since the Qadi or Judge has issued the verdict of ‘khula’ on the condition that you return the ‘mehr’ your husband paid you….the verdict of the Qadi will stand and a ‘khula’ divorce between you and your husband will be deemed established in the Sight of Shariah Law and of Allah Subhanah. Once the Qadi has agreed on the condition and issued the verdict of ‘khula’ divorce, the husband has absolutely no say in the matter.

Whatever written of Truth and benefit is only due to Allah’s 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,

Burhan