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Can the Man Demand More or Less than the Mahr in Khula?

“Khul’ is made on the dowry or other wealth, less than the dowry or more.”

Source : Shafii fiqh / 22 Apr 2014

Assalamu Alaikum wa rahmatuLlah wa barakatuHu,

In the Name of Allah, the Most Gracious, the Most Merciful

All praise is due to Allah, Lord of the Worlds. Prayers and salutations are upon our master Muhammad, upon his people, and all his companions.

It is permissible for the husband to take compensation for khul’ from wife regardless as to whether it is equal to the dowry, or less, or more. And, regardless as to whether the compensation is the same as the dowry or different, be it a cash payment, debt, or usufruct.

Imam Ar-Rafi’i stated,

“There is no difference in khula’s permissibility, whether it be the dowry, part of it, or other wealth. And, there is no difference between the compensation she gives being more than what she was given by the husband as dowry or not.”

And Imam Nawawi stated,

“Khul’ is made on the dowry or other wealth, less than the dowry or more.”

See: Rawdat al-Talibin 5/681; al-Sharh al-Kabir 8/396.

And Allah knows best.

 

 

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