🚪 Divorce, ʿiddah & rujuk · #9
How much must be paid for divorce by redemption (khulʿ)?
The amount of the divorce redemption is whatever the husband and wife agree; if they cannot agree, the Syariah Court sets it.
In the story of the wife of Thabit bin Qais, the Prophet ﷺ told her to return the orchard that had been her mahr. In the Shafi'i school, the payment may be less than, equal to or more than the mahr, but many scholars consider asking for more than the mahr to be less proper.
In Malaysia, the court assesses the wife's means and takes the dower into account. Khulʿ effects a minor irrevocable divorce (talaq ba'in sughra): there is no return (rujuk), but the couple may remarry with a new contract. The wife still observes the ʿiddah. See khulʿ.
In the story of the wife of Thabit bin Qais, the Prophet ﷺ told her to return the orchard that had been her mahr. In the Shafi'i school, the payment may be less than, equal to or more than the mahr, but many scholars consider asking for more than the mahr to be less proper.
In Malaysia, the court assesses the wife's means and takes the dower into account. Khulʿ effects a minor irrevocable divorce (talaq ba'in sughra): there is no return (rujuk), but the couple may remarry with a new contract. The wife still observes the ʿiddah. See khulʿ.
Difference of madhhab. The majority: it may exceed the mahr (dower). Some Hanbalis and other scholars: it is disliked (makruh) or may not exceed the mahr.