Can a husband take back the mahr if he divorces his wife to marry another?

According to Quran 4:20, it is strictly forbidden for a husband to take back any portion of the mahr (dowry) he has given his wife if he divorces her for the purpose of marrying another woman. Classical scholars like Ibn Kathir emphasize this as a protection of the wife's absolute financial rights.

What does 'qintar' in Quran 4:20 mean?

The word 'qintar' in Quran 4:20 refers to a large amount of wealth, such as a heap of gold. Its mention in the verse, as explained by commentators like Al-Tabari, emphasizes that even if the dowry was exceptionally large, the husband has no right to reclaim it in this situation.

What are the other financial rights of a woman divorced in this manner?

Besides her full dowry, a woman divorced by her husband is generally entitled to financial maintenance ('nafaqah') during her waiting period ('iddah'), which includes expenses for food, clothing, and lodging. Some scholars also state she is entitled to a consolatory gift ('mut'ah').

Prohibition of Reclaiming Dowry (Mahr) When Divorcing to Remarry

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divorce one woman for another - don't take back what you gave first

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🕌An-Nisa4:20

At a Glance

According to the explicit injunction in Surah An-Nisa, verse 20 of the Quran, if a husband decides to divorce his wife with the intention of marrying another, he is unequivocally forbidden from reclaiming any part of the dowry (mahr) he has given her, even if it is a substantial amount of wealth ('qintar'). Classical commentators like Ibn Kathir and Al-Tabari explain that this verse was revealed to abolish a pre-Islamic practice of injustice and to safeguard a woman's financial security and dignity during a vulnerable time. Taking back the dowry in such a circumstance is described as a 'manifest sin' and a 'slander'. This divine command ensures that the wife's property rights are protected and that a husband cannot financially penalize his wife for his desire to remarry. This ruling is a fundamental principle in Islamic family law, upheld by a consensus of scholars.

📖 Quranic Context

This verse is a cornerstone in Islamic law for protecting the financial rights of women in the event of a divorce initiated by the husband for the purpose of remarriage.

It reflects Allah's justice and concern for the vulnerable party in a divorce, ensuring that a woman is not left destitute.

References: Quran 4:20 is the primary verse addressing this specific scenario.

💭 Theological Perspective

Addresses the potential for injustice when a husband's desires shift to another woman.

Acknowledges the emotional and financial distress a woman may face in such a situation and provides a safeguard.

Provides clear legal and ethical guidance to prevent the exploitation of women in marriage and divorce.

Tests the husband's integrity and adherence to divine commands over his personal desires.

📜 Hadith Perspective

While the Quranic verse is direct, the Prophet's general teachings on the fair treatment of wives and the prohibition of taking back gifts reinforce this principle.

The best among you are those who are best to their wives.
The prohibition of taking back a gift, which is likened to a dog returning to its vomit.

There is a strong scholarly consensus on the prohibition of reclaiming the mahr in this situation.

💎 Deeper Insights

The use of the word 'qintar' (a large heap of gold) is a rhetorical device to emphasize the absolute nature of the prohibition. It implies that no matter how extravagant the dowry was, it cannot be reclaimed, thus closing any loophole for husbands who might argue that an exceptionally large dowry should be returned.

— Al-Tabari

This verse not only protects the wife's financial rights but also serves as a deterrent against hasty divorces. A husband who knows he will have to forfeit a substantial dowry is more likely to seriously consider reconciliation before deciding to divorce his wife for another.

— Contemporary Islamic Jurists

Explore Verses Related to divorce one woman for another - don't take back what you gave first

At a Glance

📖 Quranic Context

💭 Theological Perspective

📜 Hadith Perspective

💎 Deeper Insights

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