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Khula-Seeking Women Have To Return Haq Mehr

Khula-Seeking Women Have To Return Haq Mehr   The Federal Shariat Court in its ruling has directed the Muslim women who seek Khula (divorce) from their husbands to return Haq Mehr they have received from their spouses at the time of their union. Khula is a legal procedure in Islamic law that allows a woman to seek a divorce from her husband. In a khula, the woman returns the haq mehr (dowry) that was given to her at the time of the marriage in exchange for the divorce. The haq mehr is considered to be the wife’s personal property and is not considered to be part of the marital assets. In some cases, the haq mehr may be returned in full to the husband, while in others it may be split between the husband and wife. The specific details of how the haq mehr is returned can vary depending on the laws of the country in which the divorce is taking place. In the United Arab Emirates, it is governed by the Federal Law No. 28 of 2005 Concerning Personal Status, which states that the wife must return the haq mehr or any part of it if it was agreed upon and she is asked to do so in the khula process. It is important to note that the laws and customs surrounding khula and haq mehr can vary widely across different countries and regions. It is always best to consult with a legal professional familiar with the laws in your specific location to fully understand the process and your rights.   The verdict released on Saturday was announced by FSC Chief Justice Muhammad Noor Kanzai, Justice Dr Syed Muhammad Anwar, and Justice Khadim Hussain M Sheikh on Feb 17, 2022. Haq Mehr is an obligatory payment in the form of cash or other valuables which a man makes directly to his wife at the time of their wedding.   In its ruling, the Shariah Court while declaring the 2015 amendments namely Section X and Sub Sections V and VI to the 1964 Family Law null and void has directed the women to give back Haq Mehr to their husbands from whom they want a divorce on the basis of Khula.   The Islamic court has further stated if a man leaves his wife, he is supposed to pay her Haq Mehr.   Before the introduction of the 2015 Amended Section X, Sub Sections V, VI, a woman used to return 25% of Mehr Muajjal and under Sec VI she would leave 50% of Ghair Muajjal Mehr to her husband. But now the FSC has ruled that a Khula-seeking woman should forego all of her Haq Mehr. And this rule will become applicable from May 1, 2022, it said.   A Mehr which is paid immediately by the husband to his wife is called Muajjal and Mehr which is postponed is called Ghair Muajjal.   The court gave this verdict after hearing petitions filed by four men who were nagged by their ex-wives who had got Khula and were obtaining degrees against them in order to get Haq Mehr.   The FSC elaborated that all cases which will land in civil family courts after May 1, 2022, this ruling will be applied on them. Read More articles
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