{"id":1299,"date":"2019-06-21T15:00:46","date_gmt":"2019-06-21T13:00:46","guid":{"rendered":"http:\/\/themufti.com\/?p=1299"},"modified":"2019-06-21T15:00:48","modified_gmt":"2019-06-21T13:00:48","slug":"can-any-amount-of-money-be-given-in-a-khula-agreement-between-husband-and-wife","status":"publish","type":"post","link":"https:\/\/themufti.com\/?p=1299","title":{"rendered":"Can any amount of money be given in a Khula agreement between husband and wife?\u00a0"},"content":{"rendered":"

Can any amount of money be given in a Khula agreement between husband and wife?\u00a0<\/strong><\/h4>\n
\n

Q. My niece married a man on an agreed amount of Mahr of a gold bangle valued at R10.000. Unfortunately, the marriage broke down and the man agreed to issue a divorce by Khula. He did not ask for the Mahr in return of issuing a divorce. He asked for R30.000 to issue a divorce. <\/strong><\/p>\n

So, my niece asked me to sell the gold bangle she received as Mahr valued at R10.000 to make payment to the R30.000. <\/strong><\/p>\n

I recently went to the jewellers to cash the gold bangle valued at R10.000, only to be told that it is BRASS and therefore of no value. !!!<\/strong><\/p>\n

I now understand why the ex-husband did not ask for the gold bangle given as Mahr for Khula.<\/strong><\/p>\n

I have not revealed this to my niece as she is likely to be very hurt by it and I have decided to rather simply pay the extra burden myself.<\/strong><\/p>\n

My questions are as follows:\u00a0<\/strong><\/p>\n

Is a Nikaah valid if the Mahr is fraudulently stated as gold bangle valued at R10 000, which in fact a BRASS BANGLE?<\/strong><\/p>\n

What are the requirements of my niece for khula, as the Mahr was not what it was stated to be, and is in fact BRASS of no value?<\/strong><\/p>\n

A.<\/strong> In the enquired case, Khula refers to the wife returning the Mahr value or any monetary value<\/strong> to the husband in exchange of the husband issuing a divorce to the wife.<\/p>\n

To state the Mahr or its amount at the time of Nikaah is not a condition for the validity of the Nikah. Hence, if the Mahr was\/was not mentioned or the amount was mentioned incorrectly or deceptively at the time of the Nikah, it will not have any effect on the validity of the Nikah.<\/p>\n

Furthermore, if the amount of Mahr was mentioned at the time of the Nikah and the husband did not offer the mentioned amount or the amount is outstanding, it will remain a debt upon the husband to the wife. To the extent that if the husband does not pay it, it will remain a debt on his estate at the time of his demise.<\/p>\n

In an event, Khula is sort by the wife from the husband and there is no Mahr or Mahr value, the Khula may be agreed upon on any amount of monetary value.<\/p>\n

Allah Ta\u2019ala Knows Best<\/strong><\/p>\n

Mufti Ismaeel Bassa<\/strong><\/p>\n

themufti.com<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Can any amount of money be given in a Khula agreement between husband and wife?\u00a0 Q. My niece married a man on an agreed amount of [\u2026]<\/span><\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[67,59,60],"tags":[],"class_list":["post-1299","post","type-post","status-publish","format-standard","hentry","category-laws-of-women","category-nikah","category-talaq"],"_links":{"self":[{"href":"https:\/\/themufti.com\/index.php?rest_route=\/wp\/v2\/posts\/1299","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/themufti.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/themufti.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/themufti.com\/index.php?rest_route=\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/themufti.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1299"}],"version-history":[{"count":1,"href":"https:\/\/themufti.com\/index.php?rest_route=\/wp\/v2\/posts\/1299\/revisions"}],"predecessor-version":[{"id":1300,"href":"https:\/\/themufti.com\/index.php?rest_route=\/wp\/v2\/posts\/1299\/revisions\/1300"}],"wp:attachment":[{"href":"https:\/\/themufti.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1299"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/themufti.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1299"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/themufti.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1299"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}