Is it recommended for the husband to accept compensation for Khul' exceeding the Mahr?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 3 · Bab 1

Open in Qurani

Primary text

It is not recommended (mustahabb) for the husband to accept more than what he initially gave her as Mahr. This position is supported by Sa'id ibn al-Musayyib, al-Hasan, al-Sha'bi, al-Hakam, Hammad, Ishaq, and Abu 'Ubayd. If he does accept more, the Khul' remains valid, but it is disliked (makruh). Abu Hanifa, Malik, and al-Shafi'i did not consider it disliked; Malik stated he always heard of the allowance of ransom exceeding the Mahr. The evidence for dislike is the Hadith of Jamila, and another report from Ata stating the Prophet, peace be upon him, disliked taking more than what was given. Thus, the Quranic verse establishes permissibility, and the prohibition/dislike of the excess is based on the Hadith.