Demanding wedding expenses after a separation (tafriq)

Question

Question: Two years have passed since the marriage of Zayd and Hinda, and a state of discord between them has lasted for a year. One day the heirs (relatives) of both sides gathered, and both sides unanimously agreed that some decision should be reached. Both sides appointed one religious scholar (‘alim) and three respected persons as arbiters (hakam). These four gentlemen asked the girl about her hardships, and after that they decided on a separation (tafriq)

Answer

If the arbiters (hakam) effected the separation (tafriq), then according to the Shari‘a talaq has taken effect. Since the arbiters made no decision regarding the two thousand rupees, their demand is wrong. The separation was not made conditional on these two thousand rupees; it took effect unconditionally.

Source: Fatawa Mahmudiyya

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