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Meaning

Is it permissible for the husband to take more than he gave his wife in dowry when the woman ransoms herself out of marriage (i.e. khulʿ)?

Answer

Imām Ibn al-Jawzī (d. 597/1201) summarized the scholars' opinions in his book "Zād al-Masīr" as follows:

  1. It is permitted. [ʿUmar ibn al-Khaṭṭāb, ʿUthmān, ʿAlī, Ibn ʿAbbās, al-Ḥasan, Mujāhid, al-Nakhaʿī, al-Ḍaḥḥāk, Mālik, al-Shāfiʿī].
  2. It is not permitted. [Saʿīd ibn al-Musayyib, ʿAṭāʾ, al-Shaʿbī, Ṭāwūs, Ibn Jubayr, al-Zuhrī, and Aḥmad ibn Ḥanbal. Also reported from ʿAlī and al-Ḥasan].
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