Returning one’s Mahr to the husband when divorced

Question:-

I received this message from a close friend.

If a woman asks for Talaaq because of the husband’s infidelity, does she still have to pay back her Mahr?

Is there a difference between the Ahnaaf and Shawaafi?

Answer:-

If a woman requests her husband to issue a Talaaq due to him being involved in extra marital affairs, then she is within her rights to do so. She will not be required to return the Mahr to her husband for issuing a Talaaq. Yes, if the husband refuses to issue the Talaaq, then she may exercise her right of Khula where she will willingly forfeit her Mahr in lieu of a Talaaq-e-Baa’in (irrevocable divorce). If her husband accepts her proposal of Khula, then the Talaaq will be effective and she will be required to hand over the Mahr to him. Our rulings are issued according to the Hanafi school of thought. You will have to refer to a Shafi’ee Mufti for a ruling according to the Shafi’ee school of thought.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 15 Jumadal Ula 1444 / 10 December 2022