- Nikah Masterclass Newsletter
- Posts
- If a woman pursues a faskh and it is granted by a sharia court does she gets to keep her mahr?
If a woman pursues a faskh and it is granted by a sharia court does she gets to keep her mahr?
For a woman experiencing domestic violence, pursues a faskh and it is granted by a sharia court.
She gets to keep her mahr unlike khula, correct?
Yes, that is correct. In that case, the dissolution of the marriage was due to him and his impropriety not due to her asking for the marriage to be breached.
Khula might be needed to be used as like an escape method. But certainly if it goes to a faskh and that's where she says divorce me.
He says, absolutely not.
Let's say she even says, I'll give you the mahr back, khula.
He says, absolutely not. I refuse. I will not be helpful to you at all in this.
Then she goes to a sharia court or mediation panel and they say, look, this guy is abusive, unreasonable, and oppressive.
We're divorcing you from her.
Now, this is where they're taking his ability and applying it to the situation. They're basically saying you're unfit to make that decision.
We're going to make a decision for you because you're causing harm to this woman.
In that case, she would not have to give anything of her mahr away to that person.
Reply