Must a Wife Return Money in Khul‘ and What About Custody?

Answered by Mawlana Ilyas Patel

Question

In a Khul‘ case, must a wife return the money her husband invested in her house, and can he demand custody of the children?

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.

If a husband requests his share of the investment in the house, it must be returned. Islamically, the custody of children will be assigned as follows unless both parties agree to an amicable arrangement.

Under normal circumstances, according to the Hanafi school, the mother (or, if she remarries or dies, the maternal grandmother, then the paternal grandmother) gets legal custody of

• a male child until the child is capable of taking care of his own basic bodily functions and needs, like eating, dressing, and cleaning himself, which, for legal purposes, may be approximated at seven years of age,
• a female child until she reaches puberty, which, for legal purposes, may begin at the age of nine years or any point thereafter, up until the age of fifteen.

Thereafter, in each case, legal custody of the child is transferred to the father. [Maydani, al-Lubab Fi Sharh al-Kitab; Qadri Pasha, al-Ahkam al-Shar‘iyya fi al Ahwal al-Shakhsiyya]

Please read this detailed answer.

If this relates directly to you or someone you know, we urge you to please consult a reliable local scholar or counselor about the specifics of the situation.

Allah Most High, destine what is good for you. Pray istikhara for guidance and need on this issue and ask Allah Most High to destine what is good (khayr) for you.

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

Related: Who Gets Custody of the Children After a Divorce?

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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

Mawlana Ilyas Patel has received 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. Presently, he lives in the UK with his wife and is interested in books and gardening.