What is the legal effect of a husband initiating Khul' (divorce for consideration) upon his wife for half of her deferred dower (mahr) before consummation?
General Chapter
Al-Mughni
Book of Dowry (Mahr)
Primary text
The Khul' is valid when the husband initiates it upon his wife for half of the dower before consummation. In this scenario, the entire dower becomes his: half is acquired through the divorce (Talaq) and the other half through the Khul'.
Supporting text
A second view suggests that three-quarters of the dower becomes his. This is based on the reasoning that when he divorces her for half, knowing the other half is waived, he effectively divorces her in exchange for half of the remaining half (i.e., one-quarter of the total dower). Thus, he obtains half through Talaq and one-quarter through Khul'.