What is the ruling regarding mutual rights and dues when a husband divorces his wife through Khul' (dissolution for consideration) or Muabarah (release from rights for consideration)?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a husband initiates Khul' or Muabarah with consideration (iwad), they revert to settling all mutual rights between them. If the dissolution occurs before consummation, the wife is entitled to half of the mahr (dower). If she had already taken the full mahr, she must return half of it. If the marriage was one where the mahr was implicitly left to the husband's discretion (mufawwadah), she is entitled to *Muta'ah* (consolation gift). This ruling is the position of 'Ata', Al-Nakha'i, Al-Zuhri, and Al-Shafi'i. The primary evidence supporting that the mahr does not lapse upon Khul' (if stated using divorce terminology) is that it is a right similar to other debts, and it should not lapse simply due to the wording of Khul' or Muabarah. Furthermore, the half-mahr due to the husband was not established before the Khul', so it is not lapsed by Muabarah, similar to the maintenance due during the waiting period ('Iddah).

Supporting text

Abu Hanifa holds that Khul' or Muabarah serves as a full release for each party from what the other owes them regarding the mahr. Regarding outstanding debts not related to marital rights, there are two narrations from Ahmad. Future maintenance payments are not extinguished because they were not yet due.