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Fatawaa


Fatwa Number : 834

Subject : Wife`s Seeking Divorce through Khulu` Entitles Husband to Take Back all the Money he Paid

Classified : Khul' (divorce initiated by woman)

Fatwa Type : Search Fatawaa


Question :

Unfortunately, one month after concluding my marriage contract, my wife asked for judicial annulment. At present, I`m living abroad. Should I return to Jordan for the annulment? What are the financial rights that I`m entitled to receive from wife; namely, gold, money and gifts? Is it permissible that I take these although there is no serious legal reason for the judicial annulment?



The Answer :

Praise be to Allah the Lord of the Worlds.



When the wife asks for divorce for a certain reason, the husband, according to the Jordanian Personal Status Law, becomes entitled to all the expenses of the wedding preparations, including the Mahr (Bridal gift/money) and any other expenses. In Islamic Jurisprudence, this is called Khulu`(Divorce initiated by the wife in return for compensating the husband).



However, we advise both spouses to do their best to preserve their marriage bond and not to give up on each other for any reason. Allah the Almighty says, "If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men’s souls are swayed by greed. But if ye do good and practise self-restraint, God is well-acquainted with all that ye do."{An-Nisaa`/128}. And Allah the Almighty knows best.





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