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Search Fatawaa

Subject : Ruling on what the Husband has Given to his Wife who Asked for Khul

Fatwa Number : 3104

Date : 19-08-2015

Classified : Khul' (divorce initiated by woman)

Fatwa Type : Search Fatawaa

Question :

Does the wife have to give back the properties given to her by her husband in case she asked for Khul`?

The Answer :

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

The properties given by the husband to his wife become hers if she took them or were officially registered in her name; therefore, if Khul`(Divorce at the request of the wife who pays a compensation to her husband) takes place with the consent of both spouses-whether properties were included or not- then it is valid, and so the compensation becomes due to the husband. If he didn`t take a compensation in return for the Khul`, then Khul` is considered invalid and revocable divorce takes place.

Article 114 (B) of the Jordanian Personal Status Law, effective in the Sharia courts of Jordan, stated, "If the wife abdicated all her marital rights and gave back her dowry to her husband, the court tries to make reconciliation. If it failed, then it sends two arbitrators to that end within a period of thirty days. If reconciliation wasn`t made, then the court terminates their marriage contract."

Finally, we remind spouses that they should live on a footing of kindness and equity, and that marital problems can be solved by reaching an understanding , supplicating Allah and seeking the intercession of pious people. And Allah knows best.



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