Islamic marriage advice and family advice

Haq Meher on nikkah without Rukhsati

Can I claim my haq mehar back?

Can I claim my haq mehar back?

Hi

I have a Question if husband give Talak to his Wife without Rukhasti after Nikkha is there any Haq meher Wajib to husband?

I have already paid Haq Meher on nikkah without Rukhasti, Its almost 2 years and due to mismatch of marriage, I want to divorce my wife, there is no rukhsati, in that case what would be position of Haq mahar, Can I claim my haq mahar back?

Siddique


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5 Responses »

  1. Assalaamualaikam

    Rukhsati is a cultural tradition. If you've had a nikah, with all the obligatory parts that make up a valid nikah, then you're married in Islamic law. Cultural traditions such as rukhsati aren't required for a valid marriage to have taken place.

    If you've given your wife talaq, she has the right to keep the haq meher and it would not be acceptable for you to try to take this back.

    Midnightmoon
    IslamicAnswers.com editor

  2. If by no Rukhsati you mean you haven't consummated the marriage then this would apply:
    http://legacy.quran.com/2/237

    "And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allah , of whatever you do, is Seeing."

  3. askimam.com or mufti menk

  4. half of the haq meher is obligatory if you had some private romantic meeting then you will have to pay full haq meher

  5. Salaam

    Be generous during divorce. It is a very very very painful and life altering experience - the last thing a woman needs is a heartless cold man knocking on her door for his gifts and haq mehr back. Our Quran says be generous and kind during divorce and part with kindness, give more during divorce. Please think of your akirah not dunya and leave your ex wife with what you gave her during marriage.

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