Rights of wife after Khul'
25-9-2006 | IslamWeb
Question:
1.if khula happens,is it husband's right to get back "mahr" & "shabka"?or "mahr" only? 2.what's is allowed & what's forbidden in the waiting period after divorce?is the divorced woman allowed to go out for study or shopping or to take her kids out?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
First of all, it should be mentioned that a woman should not ask for divorce or Khul' (to ask for divorce in return for compensation) without a sound reason, as the Prophet, sallallaahu ‘alayhi wa sallam , said: ''The women who (frivolously) ask for Khul' are hypocrites.'' [Abu Daawood and At-Tirmithi]
Similarly, it is forbidden for a husband to treat his wife harshly and harm her to an extent that she would be prepared to give him anything in order to get a divorce or Khul'. Allaah Says (what means): {…and you should not treat them with harshness, that you may take away part of the dowry you have given to them.} [Quran 4:19] Therefore, one should not resort to Khul' unless there is a need for it, like when it is impossible to continue the marital relationship. For more benefit, please refer to Fatwa 87289.
As regards the ''Shabkah'' (gold or jewellery), if the husband had given it to his wife as a gift, then he is not permitted to ask for it or take it back as it is forbidden to take back a gift. The Prophet, sallallaahu ‘alayhi wa sallam, said: "A person who takes back a gift is like a dog which eats what it vomited." [Al-Bukhari and Muslim]
However, if the husband had offered the Shabkah as part of a dowry, or that this is the prevailing custom, then he is permitted to take back the full dowry including the Shabkah. For more benefit, please refer to Fatwas 88813 and 89039.
As regards to what a woman in Khul' is permitted to do, then her ruling and waiting period are like that of a divorced woman, according to the view of the majority of the scholars 
. However, she is not obliged to observe a mourning period and do what a widow whose husband has died is obliged to do. Indeed, she may go out of her home for a need provided she observes the religious requirements, like wearing the Hijab and not staying in seclusion or mixing with marriageable men, as discussed in Fatwa 86515.
Allaah Knows best.