A woman asking for Khul' may relinquish her delayed Mahr

28-3-2013 | IslamWeb

Question:

Assalaam u alaikum, Can you please tell me that if a husband does not give his wife mahr although it has been specified in the contract and she wants a divorce, does she have to buy back her freedom or can she simple ask for divorce? Jazak Allahu Khayr.
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

This woman may ask her husband to divorce her – if she has a sound reason for doing so – and if her husband accepts and divorces her, then she deserves the full Mahr (dowry) if the divorce took place after the consummation of the marriage, and she deserves half of the Mahr if the divorce took place before the consummation of the marriage. For more benefit on the rights of a divorcee, please refer to Fatwa 86603.

Also, for more benefit on sound reasons for asking for divorce, please refer to Fatwa 131953.

In case her husband refuses to divorce her, then she may ask for divorce in return for compensation, and it is permissible that this compensation be that she relinquishes her Mahr. For more benefit, please refer to Fatwa 192675.

Allaah Knows best.

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