Is the husband entitled to reclaim the mahr and gifts if the wife requests a divorce before consummation?
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Question:
Your Eminence the Shaykh, the questioner says: I contracted marriage with a woman, but I did not consummate the marriage. Then I traveled, and a dispute arose between her and my family, so she asked me for a divorce. I tried to reconcile, but to no avail. Do I have the right to take back everything I gave her, or not? May Allah reward you with good.
Answer:
If she demands a divorce without right, you may settle with her on the condition that she returns to you the mahr. If the need arises for the mahr, there is no harm. If she returns to you the mahr and what you gave her and you divorce her, there is no harm; this is khul'. If you divorce her and take half, as long as you have not consummated the marriage and have not been alone with her, you are entitled to half. If you contracted the marriage but did not have intercourse and did not have seclusion, and you want to divorce her, there is no harm, and you are entitled to half of the mahr. If you appoint someone to reconcile between you, perhaps Allah will reconcile you. The point is: do not rush into divorce. If the need arises for divorce and you have not had seclusion with her and have not had intercourse with her, you are entitled to half if you divorce her. If she hands over the entire mahr to you on the condition that you divorce her, this is the [khul'] and there is no harm in divorcing her with one pronouncement on the condition that she returns your property to you.
Your Eminence the Shaykh, the questioner says: I contracted marriage with a woman, but I did not consummate the marriage. Then I traveled, and a dispute arose between her and my family, so she asked me for a divorce. I tried to reconcile, but to no avail. Do I have the right to take back everything I gave her, or not? May Allah reward you with good.
Answer:
If she demands a divorce without right, you may settle with her on the condition that she returns to you the mahr. If the need arises for the mahr, there is no harm. If she returns to you the mahr and what you gave her and you divorce her, there is no harm; this is khul'. If you divorce her and take half, as long as you have not consummated the marriage and have not been alone with her, you are entitled to half. If you contracted the marriage but did not have intercourse and did not have seclusion, and you want to divorce her, there is no harm, and you are entitled to half of the mahr. If you appoint someone to reconcile between you, perhaps Allah will reconcile you. The point is: do not rush into divorce. If the need arises for divorce and you have not had seclusion with her and have not had intercourse with her, you are entitled to half if you divorce her. If she hands over the entire mahr to you on the condition that you divorce her, this is the [khul'] and there is no harm in divorcing her with one pronouncement on the condition that she returns your property to you.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 486 هل يحق للزوج استرجاع المهر والهدايا إذا طلبت الزوجة الطلاق قبل الدخول بها؟ للإمام ابن باز — youtube.com
The Arabic text is a machine transcription of the audio recording.
