Re: how is divorce law fair in islam
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When wife applies for divorce in court then she would give reasons for her divorce application. Depending on judge and evidences supporting the reasons, judge would decide divorce. Husband can contest pleading that the reasons given by wife are baseless, and if judge accepts his plea, then judge can ask wife to return mahr or part of it to husband.
Note: irrespective of reason or no reason, Judge (in Islamic jurisdiction) cannot disallow divorce (Khula), as that is right of wife just like divorce (talaq) is right of husband. Only difference is that, husband do not need to go to court for divorce and wife takes divorce through court. Again, regardless of reason or no reason, it is up to judge to decide if wife has to return anything (mahr or part of it) to husband or return nothing.
In Pakistan there are cases where women went to court for divorce (Khula) without any genuine reasons (without any fault of husband) and court granted her divorce without asking her to return anything to husband. In some cases court asked women to return a part of Mahr, but took into account benefits husband received from wife due to them living together for length of time. Further, wife can also claim through court whatever she received as marriage gift at time of marriage from her parents, other gifts, and any part of mahr she has not received.