Back to search

Is the husband entitled to the mahr (dowry) from the wife who requested divorce and refused to return, and is her returning of the mahr considered khulʿ (a type of divorce where the wife initiates the separation by returning the dowry or other compensation to the husband)? What is the duration of her ʿiddah (waiting period)? And does the hadith: "Any woman who seeks divorce without a strong reason, the scent of Paradise will be forbidden to her" apply to her?

1 min readAlso available in العربية

The authentic Prophetic Sunnah forbids a woman from asking her husband for divorce without a legitimate religious reason. However, she is permitted to seek Khul' (dissolution of marriage) if she dislikes her husband and fears falling short in fulfilling his rights, in exchange for compensation she pays him. Khul' does not occur merely by the wife returning the dowry; rather, it has pillars, including offer and acceptance. It is not permissible for the husband to take anything from his wife's dowry without a legitimate religious reason. The husband's family should not interfere between the spouses except for reconciliation. It is recommended to strive for reconciliation as much as possible. If reconciliation is not possible, then separation should be with kindness. If the husband wrongs his wife and reconciliation is not possible, she may refer her case to the Sharia court.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy