Does Abuse Affect Returning Mahr in Khul‘ Divorce?

Answered by Mawlana Ilyas Patel

Question

If I seek khul‘ due to long-term verbal and mental abuse, am I required to return the full mahr, or does the abuse affect this ruling?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

I pray you are in good faith and health. Thank you for your question. I am sad to hear about your situation, which has been going on for many years.

You are not required to return the full mahr if the fault is of the husband, and it will be sinful, as in your case. However, if he doesn’t accept divorcing you, give him as much as you can afford so the matter can be concluded.

Requesting a Divorce

A khul‘ is a request for divorce in exchange for money. The woman essentially asks for a divorce while offering something like the mahr she received in return.

She can request an irrevocable divorce without offering anything. If he agrees, the matter is settled. Otherwise, if he consents to the divorce in exchange for something, she can say, “Give me one irrevocable divorce in exchange for a certain amount of money.” He would then respond, “I divorce you for this amount of money.”

The amount cannot exceed the mahr he gave her at their marriage; if he is at fault, it is sinful for him to accept it. [Maydani, al-Lubab fi Sharh al-Kitab]

Due to the sensitivity of this situation, I would advise you to consult local scholars also.

I would like you to go through the valuable answers and links below. Insha’Allah, you will receive guidance and direction.

Related

• Khul’ Archives
• What Is the Process of Asking Khul‘ from Husband
• Can Agreeing To Khula Result in Three Talaqs? – SeekersGuidance
• Khul‘ Archives – SeekersGuidance
• Marriage and divorce Archives – SeekersGuidance

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Currently, he resides in the UK with his wife and is interested in reading and gardening.