Fatwa #1588019 November 2007United Kingdom
My wife is asking for divorce. My question is, is it permissible for me to ask for jwellery on top of mehr?
Question
My wife is asing for divorce. My question is, is it permissible for me to ask for jwellery on top of mehr? I came across one of your fatawa says that it is not permissible. But giving jwellery is tradition in our community. You have to give gold to your wife when you get married like mehr. It is also tradition that you get back that gold when you give talaq. In this case it is like mehr. After considering this fact what is your opinion?
Answer
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatoh
Khula is when the wife requests a divorce in lieu of returning the mehr to the husband.
If the violation of marital rights is from the husbands side, it would be reprehensible (Makrooh At-Tahrimi) for him to take anything in exchange of the divorce.
However, if the hostility is from the wife, the husband may take back the mehr, and if he takes anything in excess of the mehr it will be undesirable.
(Makrooh At-Tanzihi)
In the situation mentioned, if the gold was given as mehr, it will be permissible for the husband to accept it.
(Rad Al-Muhtar 445-446/3 H M Saeed)
And Allah knows best
Wassalam
Ml. Ahmed Mohomed Pandor,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa