Aslamu Alikum…
I have a simple question and i want answers in the light of Quran and Hadess…
I want to know , if a man cheats on a woman and woman takes khula (divorce), Is she entitled to meher?
Re: Khula , cheating husband and Haq-e-Meher
Peace @Trouble_Seeker,
:wsalam:
Chapter 2 Verse 229: "
A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others).**"
**
**Hadith: “The wife of Thabit bin Qais bin Shammas came to the Prophet and said, “O Allah’s Apostle! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah’s Blessings.” On that, Allah’s Apostle said (to her), 'Will you return his garden to him?" She said, “Yes.” So she returned his garden to him and the Prophet told him to divorce her.”
**
Re: Khula , cheating husband and Haq-e-Meher
So Lethal a second scenario comes to mind:
**What if the wife gave gifts of property to her husband and the husband after a few years decides to divorce his wife, is she entitled to getting those gifts back? **
Re: Khula , cheating husband and Haq-e-Meher
If this is based on a real situation, you should really consult an aalim.
In terms of being entitled to mahr - she was entitled to it just by virtue of being married to him and particularly if they consummated the marriage.
When khula takes place, your question should be more about does she then have a right to hold on to her mahr. If the amount they’ve agreed on is less than the whole amount of the mahr, she is entitled to the balance.
Re: Khula , cheating husband and Haq-e-Meher
Peace @Obama,
“Gift” and “Meher” both are different to each others. ![]()
Re: Khula , cheating husband and Haq-e-Meher
In case of khula, the woman has to return the haq-meher to the man… that is why women go to court seeking “talaaq” and not “khulaa”…
Re: Khula , cheating husband and Haq-e-Meher
One way to go about it is judicial khula, which may entitle the woman to keep the Haq Mehr as per the judge. So if the basis for the khula is the husbands’ infidelity, I don’t see why the woman would be deprived of her legal right to Mehr.