Haq Mahar is given to women in case she gets divorced by her husband and has a backup (i.e. money) to move on. Haq Mahar is not given so that a Husband receives pleasure or that she gives company. That would mean that we men possess women. A very dangerous understanding. Please take care in future. Thank you.
A woman can take Khula whenever she pleases. She does not need any reason at all. If she opts for Khula without any fault on the husband's side, she has to return the Haq Mahar back. As far as I understand, in case of impotency a husband has full rights to receive the Haq Mahar he once gave. The reason is that impotency is not a fault of a human being. If a Man does not live up to his responsibilites he has towards his wife, he has no right to ask for Haq Mahar he granted to his wife. Period.
Hanafi is not a mazhab/religion, it is a "school of thought".
If there is reasonable genuine reason, for instance, due to husband’s adultery, cruelty, abuses, insanity, imprisonment (long-term), desertion, impotency, leaving Islam, etc ... she can ask for khula through court and can get it. Such Khula is treated as Talaaq (normal divorce) and she do not need to return mahr or anything (court would grant her Talaaq). Anyhow, since such demand of Khula can get contested in court, in most cases compromise is made where she might need to return Mahr or part of it to obtain Khula.
First thanks for the great insight!
Just for my knowledge (out of curiosity), what is the basis of contesting in a court and getting Mahr back (i.e. from Quran, Hadith, or usool-al-Fiqh)?
The women and men both should have a good reason for divorce. So, I disagree that you can get a divorce without any reason. Marriage is not a joke. We're not live non-Muslims, who get up and leave the relationship over little things. Divorce is the most disliked permissible thing in the sight of Allah.
Any woman who asks for a divorce without a good reason will not even smell the fragrance of Paradise. That's a hadith.
Any woman who seeks a divorce (khula) without a legitimate reason, she will not smell the fragrance of Paradise.” (Bukhaari).
As for Mahr, that's a gift from husband to the wife.
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Just for my knowledge (out of curiosity), what is the basis of contesting in a court and getting Mahr back (i.e. from Quran, Hadith, or usool-al-Fiqh)?
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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.
The women and men both should have a good reason for divorce. So, I disagree that you can get a divorce without any reason. Marriage is not a joke. We're not live non-Muslims, who get up and leave the relationship over little things. Divorce is the most disliked permissible thing in the sight of Allah.
Any woman who asks for a divorce without a good reason will not even smell the fragrance of Paradise. That's a hadith.
Any woman who seeks a divorce (khula) without a legitimate reason, she will not smell the fragrance of Paradise.” (Bukhaari).
As for Mahr, that's a gift from husband to the wife.
A Woman can ask for Khula without any reason. You probably don't know the story of a woman who came to the Holy Prophet (saw) and asked to get seperated. The Holy Propehte (saw) asked the woman what reasons she had. The woman said that despite having a righteous and caring Husband, she just cannot live with the Husband. She does not like him.
End of the Story is, the Holy Prophet (saw) allowed the woman to get seperated.
Mahr is not a gift! Something which is obligatory is not a Gift.
I have a question about divorce.
(Sunny)
One man divorced his wife on cell phone in presence of the second wife and other .
When she heard the words first time about divorce
(Main tumhain Talaq deta hoon)
She disconnected the call and didn't listned the rest he said twice .
husband knowing that she is not online repeated it twice again .
Now he claims that is single divorce ,'Rajoo' is possible .
Can anybody tell the correct position .