What is the ruling on giving more than the Mahr (dowry) as consideration for Khul'?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
It is permissible for the husband to accept more than the original Mahr in exchange for Khul', and the Khul' is valid if both parties mutually agree upon the compensation amount. This is the position held by the majority of scholars, including Uthman, Ibn Umar, Ibn Abbas, Akrama, Mujahid, Qabisah ibn Dhu'ayb, al-Nakha'i, Malik, al-Shafi'i, and the proponents of the view of the early jurists (Ashab al-Ra'y). A report from Ibn Abbas and Ibn Umar suggests that even if a woman dissolved the marriage by giving away her inheritance or even her head ornament (iqas), it would be permissible. The permissibility is supported by the verse: "There is no blame upon them in what she ransoms herself with" (Quran 2:229). Furthermore, the acceptance of this by Uthman ibn Affan, based on the report concerning the wife of the Companion al-Rabi'ah bint Mu'awwidh, and its subsequent wide propagation without denunciation, implies consensus.
Supporting text
A minority view, held by Ata, Tawus, al-Zuhri, and 'Amr ibn Shu'ayb, is that the husband cannot accept more than what he originally gave as Mahr. This view is also reported from Ali with a broken chain of transmission, and was chosen by Abu Bakr, who stated that if the husband took more, the excess must be returned. Al-Sayyid ibn al-Musayyib suggested that the husband should not take all of her wealth but leave something for her. Their primary evidence is the report concerning Jamila bint Salul, where the Prophet, peace be upon him, ordered her husband to take her garden but not to demand anything in excess.