Answered by Muftī Yūsuf Badāt
Question:
We as a husband and wife tried to work out our marriage but regretfully we were unable to reconcile. We have decided to formalize an end to our marriage through khul’a (wife-initiated divorce). The dilemma now is that we are having difficulty coming to an agreement on what financials and belongings are owing to each other. The disputed matters are mahr and gold. We have each provided our statements and relevant evidences. Please issue a verdict for us under Islamic law.
Answers:
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allāh, Most Gracious, Most Merciful.
Jazāk Allāh Khayr/ Thank you for contacting Mathābah Institute.
We have had a chance to review your statements and concerns. The reality is that there were short comings on the part of both of you as wife and husband, which ultimately led to the khul’a. That being said, kindly note that the Qur’ān encourages to either live in peace or depart in peace. If the marriage is not working out as you have described, despite making efforts to do so, then the best decision is to proceed with a peaceful end and departure.
“Either keep [her] in an acceptable manner or release [her] with good treatment.” – (Qur’ān 2:229)[1]
Part of releasing with good treatment is to settle things even if it means to forgo a right that one may be entitled to. The result of this is that there will be settlement and closure, as well, much barakah and blessings in the future from Allāh, the Almighty. The Prophet (peace and blessings be upon him) has also likened taking back things to swallowing one’s own vomit. – (Abū Dāwūd 3539)[2]
In fact, the Qur’ān actually instructs the husband to give some gifts at the time of divorce, to display peace and respect despite the marriage ending.
“And for divorced women is a provision [some gifts] according to what is acceptable. A duty upon the righteous.” – (Qur’ān 2:241)[3]
Islam emphasis settlement and peaceful agreements to avoid rancour, resentment, anger and hate in society. There is much blessings and virtue in settlement and compromise.
The Prophet (peace and blessings be upon him) said, “I guarantee a palace in the surroundings of Paradise for a person who avoids quarrelling even if he were in the right [thus avoiding disputes and making a settlement].” – (Abū Dāwūd 4800)[4]
Noting all of the above, our verdict for you both is to conclude the khul’a with a compromised settlement with the wife returning £3000 to the husband, and the wife keeping the gold for herself. This will be a settlement and a peaceful end to the marriage. Allāh will in-shā Allāh grace with much barakah for both parties in your future lives.
‘And if two factions among the believers should fight, then make settlement between the two.” – (Qur’ān 49:9)[5]
“The believers are but brothers [and sisters], so make settlement between yourselves. And fear Allāh that you may receive mercy.” –(Qur’ān 49:10)[6]
Only Allāh knows best
[1] الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ – البقرة ٢٢٩
[2] وَمَثَلُ الَّذِي يُعْطِي الْعَطِيَّةَ ثُمَّ يَرْجِعُ فِيهَا كَمَثَلِ الْكَلْبِ يَأْكُلُ فَإِذَا شَبِعَ قَاءَ ثُمَّ عَادَ فِي قَيْئِهِ – رواه أبو داؤد ٣٥٣٩
[3] وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ – سورة البقرة ٢٤١
[4] عَنْ أَبِي أُمَامَةَ قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم أَنَا زَعِيمٌ بِبَيْتٍ فِي رَبَضِ الْجَنَّةِ لِمَنْ تَرَكَ الْمِرَاءَ وَإِنْ كَانَ مُحِقًّا – رواه أبو داؤد ٤٨٠٠
[5] وَإِن طَائِفَتَانِ مِنَ الْمُؤْمِنِينَ اقْتَتَلُوا فَأَصْلِحُوا بَيْنَهُمَا – سورة الحجرات ٩
[6] – سورة الحجرات ١٠إِنَّمَا الْمُؤْمِنُونَ إِخْوَةٌ فَأَصْلِحُوا بَيْنَ أَخَوَيْكُمْ ۚ وَاتَّقُوا اللَّهَ لَعَلَّكُمْ تُرْحَمُونَ
