Assalamu alaikum.

Does the husband have to pay the remaining Mahr if the wife does not want to continue the marriage but does not ask for Khula either because she does not want to give the Mahr back?

Context: The wife went to her parents' house after an argument, but she agreed that she would stay for 2 months to look after her parents. During this time husband and wife had quarreled over the phone, since then the wife has broken off all contact with her husband (also known as "ghosting"), i.e. she has blocked all communication channels, now they have been separated for 6 months and for 4 months of this time there has been no communication between them (despite many attempts by the husband). In conversation with the wife's parents, the husband was told to give the remaining Mahr to her. Her parents want the marriage to continue. On the question whether his wife would like to continue this marriage at all, the parents did not give a clear answer (evaded the question), but after what they said indirectly it can be concluded that she possibly has no interest in the marriage. But she clear want's the remaining Mahr and won't ask for Khula.

Some questions to consider in the context:

  1. Now, does the husband have to give the Mahr since she is "ghosting" him?
  2. And can her actions/non-actions be interpreted that she does not want the marriage or that she want's divorce (Khul)? Due to many other reasons the it is very likely that the wife is not asking Khula because she does not want to give anything back to her husband.
  3. What is the status of this marriage?
  4. Is there any "hak" violated and if yes, Who is violating the rights of whom?
  • 2
    Matters of Talaq require a fatwa by a well-versed scholar. We are not a fatwa site. Mahr is a due on the husband if the marriage was consumed. Anything else is a matter that can't be clarified without a one to one situation or conversation with the husband and wife.
    – Medi1Saif
    Mar 18 '20 at 12:07

Marriage has to be discussed in depth and one have to listen to both side of the story!

But as it stand, the way she is acting clearly proofs that she doesn’t want the marriage! The brother should talk to her father and an imam to nullify the marriage with an agreement with both parties and in this way he would not have to pay the Mahr! Her father as a Wali can sign the agreement !

  • You should post evidences supporting your claims (see How to Answer). Once a woman is married the guardianship moves to her husband. Khul'a requires a verdict from a court. And must be initiated by the wife else we speak of Talaq.
    – Medi1Saif
    Mar 25 '20 at 20:18

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