Honorable sheikh, a man made a marriage contract with a woman but did not consummate the marriage, and she was content at the time of the contract.
After that, before consummation, she asked her guardian to tell him to divorce her, so the husband agreed to give him one hundred thousand riyals. What is the ruling?
By giving him something.
This is called khul', it is called khul'.
He is allowed to grant her khul', even before consummation.
But for him to ask for this gift.
There is no doubt that he made a mistake in that.
He made a mistake. That is why some scholars said: it is not permissible for the husband to ask for compensation from the wife except up to what he gave her or less.
So if the dowry was one hundred thousand.
And he asked for one hundred thousand. Is it allowed or not? It is allowed, because she was not harmed.
But if he gave her one thousand and asked for two thousand.
Some scholars say that it is not permissible for him to do that.
And the poor person is not given, he is only given the amount that he gave.
This goes back to their difference regarding His saying, the Exalted: there is no blame upon them for what she gives up to secure her release.
Does the meaning refer to whatever is given up in general?
Or is it what she gives up from the dowry that he gave her?
It is appropriate to refer this matter to the opinion of the judge handling this issue.
So if he sees that the best interest is to separate them,
and the husband is only given back what he gave, then let him do so.
Because of the saying of the Prophet, peace be upon him: inheritance is established.