Returning Mehar And Gifts Upon Khula
Once divorce has already taken place, neither haq mehar nor any presents given to the wife by the husband need to be returned.
This view is held by traditional scholars that upon khula, Mehar and Gifts are to be returned by a wife and they primarily base their view on Quran 2:229. According to Ghamidi Sahab however, their understanding of Quran 2:229 is not correct. Following is the view of Ghamidi Sahab in this regard: …”if a husband decides to part ways with his wife, he is directed to do so in a befitting manner. The words used in 2:220 are تَسْرِيْحٌ بِاِحْسَان . In this regard, the following directives have been given: Firstly, whatever amount of wealth, property, clothes, jewellery and other items that have been gifted to the wife by the husband they should not be confiscated by him . Here it should be clear that the verse is not referring to the nafqah (maintenance) and mahr (dower), which are the absolute rights of a wife and confiscating them is unthinkable . What is emphasized is that a husband should not take back any gifts he may have given her. There are two exceptions to the above mentioned directive: First , if it is no longer possible to keep a marriage intact according to the limits set by Allah, and the family elders and the society also support the annulment, but a husband is unwilling to divorce his wife simply because he is concerned about losing wealth, property or other gifts he has given his wife, then the issue can be resolved in the following manner: the wife can give back part or all of the wealth gifted to her to relieve herself of her marital contract. In such cases, it would be lawful for the husband to accept these returned gifts. Second , if the wife is guilty of open sexual misconduct. Since such a behaviour destroys the very basis of the marital relationship, it is lawful for the husband to take back any gifts or wealth given to her. The Quran says : وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَئِكَ هُمْ الظَّالِمُونَ And it is unlawful for you [on this occasion] to take back from them anything you have given them unless both husband and wife fear that they may not be able to keep within the bounds set by Allah. Then if you also feel that they will not be able to remain within the bounds set by Allah, there shall be no offence for either of them [regarding the gifts given by the husband] if the wife seeks divorce [by returning them to him] in ransom. These are the bounds set by Allah; so do not transgress them. And [you should know that] those who transgress the bounds of Allah are wrongdoers (2:229) وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ… وَإِنْ أَرَدْتُمْ اسْتِبْدَالَ زَوْجٍ مَكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا أَتَأْخُذُونَهُ بُهْتَانًا وَإِثْمًا مُبِينًا وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنْكُمْ مِيثَاقًا غَلِيظًا And do not treat them with harshness that you may take away what you have given them – except where they have been guilty of open lewdness… and if you decide to take one wife in place of another, even if you had given the latter a whole treasure of wealth take not the least bit of it back: Would you take it by slander and usurping [her] rights? And how can you take it when you have lain with each other and [at the time of marriage] they have taken from you a solemn covenant? (4:19-21) For this second situation, a person has been warned not to dare take back by slander any wealth gifted to his wife. Imam Amin Ahsan Islahi writes: … it is absolutely against the decency and integrity of a man to slander and accuse a lady with whom he had pledged to live forever under a firm marriage contract. It was she who had unveiled herself totally to him and both lived intimately and in great harmony with each other. How unseemly it is on the part of the husband that when relations had to be severed with her he should try to extract from her what he so willingly spent on her and should go as far as to malign and accuse her for this base purpose .”… (Excerpt from Meezan: Javed Ahmed Ghamidi) (English Rendering by Dr. Shehzad Saleem) __ OR You can also refer to the video below from 19:27 to 32:16 https://youtu.be/NntbaB1_-_k?si=JrmlCZuPG3euYHNL&t=1167