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In the Name of God بسم الله
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Mahdiyya

Rajai divorce instead of Khula just to take her back

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Bismillah,

Few weeks ago I mentioned one of my friend's problems with her husband.

To make it short: He asked her to give him her mahr and all the presents he made her, then she could go and get her Divorce.

Usually this would be a Khul' divorce, right?

He just took a Sayyed as a Wakil to make the divorce but this Sayyed intends to make it a revocable divorce, even though she gave him the mahr and the presents to make sure he could take her back.

Is this even right?? If it's a rajai divorce, why should she give him the mahr and the presents and why should he be able to take her back when she was clearly NOT okay with living with him anymore ??

She knows that she doesn't want to live with him anymore and he even gave her the right for Khula. Now that the Sayyed said "let's make it a Talaq Rujui" he agreed, knowing that he could take her back then without her okay.

My question is... is this even correct?? Shouldn't they at least do a Mubarrat Divorce, since she gave him the mahr and the presents back and since she really doesn't want him to take her back?

Thanks and Salam.

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One more question.. if it's a Talaq rujuii, can she ask to get her Mahr and her presents back, since the man usually has no right to take this things from her in this kind of talaq ???

 

Or can she ask to make it a talaq mubarrat or khul' since the husband wants the mahr and the presents??

 

I hope my questions aren't confusing. It just seems that they are taking her Haqq and still want to make sure that the husband can take her back during iddah.

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Ruju’ divorce is decided by the husband and khali’ is decided by both husband and wife. If he decides he wants ruju’ divorce then he must pay his wife the Mahr, but if it’s khali’ then the wife gives up her mahr to him. It seems like he chose ruju’, and in that case he must pay his wife her mahr and give back her presents once her ‘iddah ends.

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