Asking for one's mahr after giving it to one's husband

Q: 12 years ago I got married. My haq mehr was decided to be paid later. There is a fight between me and my husband related to the amount he spent on our honeymoon. To make the things simpler, I said that you can keep my mehr amount to compensate your expenses. Later on, I spent 12 years of my life in an abusive marriage. I never demanded this amount again. We have 3 children.

Now, he divorced me and married another women. Can I demand my haq mehr amount now as I have once forgiven it or given it to him? I also need it for my children. He has also not returned my jewellery that was given to me at the time of our wedding as a gift. Can I demand my haq mehr now, as I have once forgiven it or given it to him? 

A: When you have forgiven him for the mahr you do not have the right to ask him for it. You have the right to ask for your jewellery which he gifted you at the time of your nikaah.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)