What is Khula?

If a woman is wanting to seek Khulaa (female initiated divorce) due to mistreatment by the husband, does she have to give back the mahr and the non-mahr gifts received during the wedding time? Also, keep in mind that the husband pronounced talaq less than a year ago.

If the wife is divorced, then the Khul’aa becomes redundant and invalid as the couple is no longer married. However, if the couple is still married and if the wife wants to seek Khul’aa, then the concensus amongst the scholars is that she has to return the Mahr presented to her by her husband. With regards to gifts and presents, that would be up to the wife as those don’t take the ruling of the mahr.

And Allah knows best.

Sh. Riad Ouarzazi