What Can The Man Take Back From The Wife?
There are two opinions on what the husband can take as ransom from his wife. Some are of the opinion that it is not permissible for the husband to take more than the mahr he gave her. The others are of the opinion that it is permissible for the husband to take as ransom more than what he gave his wife as mahr if both of them are pleased with it.
This is the position of the majority of scholars. This is the position of Uthman, Ibn Umar, Ibn Abbas, Ikrimah, Mujahid, Maalik, Shaafi’ee and people of Ra y. It was reported that both Ibn Umar (RA) and Ibn Abbas (RA) said: "If a woman seeks her freedom from her husband with her inheritance it is permissible for her.
According to Shaykh Saddiq Hasan Khaan, it is permissible for the husband to take little or much from what he gave his wife as mahr (when she asks for khul") in as much as he does not demand or take extra.
This is supported by the hadeeth reported by Ibn Abbas (RA) in Bukhaaree and others "The wife of Thabit (RA) bin Qais came to the Prophet (salallahu alayhi wa sallam) and said, "O Allaah's Messenger! I do not blame Thabit (RA) for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allaah's Messenger (salallahu alayhi wa sallam) said (to her), "Will you give back the garden which your husband has given you (as Mahr}?" She said, "Yes." Then the Prophet (salallahu alayhi wa sallam) said to Thabit, "O Thabit! Accept your garden and divorce her at once."
In a similar narration as contained in Ibn Majah and Nasaa'ee, the Prophet (salallahu alayhi wa sallam) asked Thabit (RA) to take back his garden as ransom from his wife without anything extra. This shows that it is not permissible for the husband to take any additional thing above what he gave his wife as mahr for ransom. This is the position of AIi, Taawoos, "Ataa', Az-Zuhri, Abu Haneefah ' and Ishaaq.
In addition, Allaah says:"And it is not lawful for you (men) to take back from your wives) any of your mahr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah (e.g. to deal with each other on a fair basis)." (Q2[Baqarah]: 229)
This ayah indicates that the husband is not allowed to take anything out of the mahr he gave his wife except with that command. There is nothing wrong if the husband takes from the mahr (in case of khul') as ransom but not all, talk less of extra. [ArRawdatun-Nadiyyah vol. 2, pp. 270-272]
While "Ataa', Taawoos and Az-Zuhri said that it should not be more than what he gave her. It was reported from Ali (RA) with a broken chain and AbuBakar chooses it. He said if he does that the increment would be returned. Sa'd Ibn Musayyab said: "I do not see it as permissible for him to take back all her wealth, but he should leave something for her."
His evidence is what was related that Jamila bint Sahl who went to the Prophet (salallahu alayhi wa sallam) and said: "I swear by Allaah, I do not complain of Thabit about his religion nor his character, but I'm afraid of committing an act of Kufr (disbelief) while still in Islaam (i.e. been a Muslim); I cannot endure him with hatred. The Prophet (salallahu alayhi wa sallam) said to her: "Will you return her garden?" She said yes. And the Prophet (salallahu alayhi wa sallam) commanded him to take the garden from her and he did not add to it." (Ibn Majah. [Mughnee, Ibn Qudaamah])
This article was culled from the publications of Deen Communication Limited