𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (634)

Important Questions About Khulʿ (Divorce at the Wife's Request) Question: We ask for your guidance, and may Allah reward you with goodness. A husband and wife were involved in an alteration. During this altercation, the wife called the police and made some false allegations against her husband. As a result, an order was issued preventing the husband from approaching her or going to any place where she was for three months. The couple remained separated for five months. After that, the wife requested khulʿ (a divorce initiated by the wife). The husband agreed, on the condition that she return the mahr (bridal gift) to him. First question: When does the khulʿ take effect? Does it take effect as soon as the husband and wife agree to it, or only after the wife has returned the full mahr? Second question: After the khulʿ, must the wife observe a waiting period of one menstrual cycle to confirm that her womb is free of pregnancy, or is the fact that they had already been separated for several months sufficient? Third question: The wife went to a masjid, where the person in charge appears to be ignorant of the rulings of Islamic law. She told him her narrative and he issued her a certificate confirming that the khulʿ had taken place, on his own initiative, without consulting the husband or hearing his side of the matter. In fact, he told the husband, "You have no right to recover your mahr because you have already had marital relations with her." Does this certificate have any legal value in the Sharīʿah? And is it permissible for such a person to issue this kind of ruling without hearing both sides? Also, is it blameworthy in Islam for the husband to ask for his mahr back when agreeing to the khulʿ? May Allah reward you with goodness and bless you. Answered by Shaykh Salīm Al-Hilālī hafidhahullah: 1. When does the khulʿ take effect? Khulʿ does not take effect merely because the couple wishes to do it or because they are negotiating it. Rather, it takes effect when the husband and wife agree to the khulʿ and the compensation, or when an Islamic judge orders it, if necessary, and then it is carried out using the wording of khulʿ or a divorce in exchange for compensation. It is not necessary for the husband to receive the mahr before the khulʿ takes effect, provided both spouses agree that the amount remains a debt owed by the wife. 2. Must the wife observe a waiting period? Yes. A woman who has obtained a khulʿ must observe a waiting period. The stronger opinion according to many scholars is that it is one menstrual cycle, to confirm that her womb is free of pregnancy. The fact that the couple had already been separated for several months does not replace this waiting period, because the waiting period begins only after the khulʿ takes effect. 3. What is the ruling regarding the masjid certificate? If the person in charge of the masjid was not an Islamic judge or someone authorised to issue legal judgments, and he did not hear both sides of the case, then his ruling has no legal standing in deciding the matter between the husband and wife. It is not permissible for him to issue a judgment after hearing only one side. 4. Is it blameworthy for the husband to ask for his mahr back? No. It is not blameworthy if the khulʿ is based on the wife returning the mahr or whatever compensation the couple agreed upon. The basic principle of khulʿ is that it is granted in exchange for compensation, as Allah says: "There is no blame upon either of them concerning that by which she ransoms herself." [2:229] However, the amount of compensation and what is due depends on the agreement between the spouses or, in the case of a dispute, on the ruling of an Islamic judge. 1 Muharram 1448 (8/7/26) Source: https://t.me/womensbenefits/1828