THE EXTENT OF THE WIFE'S RIGHT TO TERMINATE THE MARRIAGE CONTRACT BY KHULA

(Madaa Haqi Alzawjat Fi 'Iinha' Eaqd Alnikah Balkhule)

A study presented by Sheikh Abdul Karim Zidan at the eighteenth session of the Islamic Fiqh Academy of the Muslim World League that was held in Makkah Al-Mukarramah for the period from 03/10/1427 AH corresponding to 04/8/2006 AD to 3/13/1427 AH corresponding to 04/11/2006 AD. This research was printed Along with another group of jurisprudential research, a book entitled (Contemporary Jurisprudential Research Group ).

Introduction and Research Methodology :

1)  The jurists describe the marriage contract as a (age contract) and by that they mean that the two parties to the contract enter into it with the intention of remaining as long as they are alive or are assumed to have this intent.

2)  The description of the marriage contract as being concluded in order to remain as we mentioned is the view of Islamic Sharia for this contract, and that is why Muslims want to ensure that it remains so that the purposes of marriage are fulfilled by this. But something may happen in the life of the spouses that makes this contract unfit for survival because it is no longer a means to achieve the desired benefit from it, but rather has become a means of corruption, so the interest is in terminating it, not in keeping it. That is why Sharia permitted the termination of the marriage contract in specific ways, the most famous of which is what is known as the term (divorce).

3) The  permissibility of the Sharia to terminate the marriage contract despite its desire to remain there is one of the merits and realism of Sharia, and among the manifestations of its pragmatism is its appreciation of what happens in matters and events related to the spouses and marital life, the impermissibility of neglecting them, the necessity of observing them, and legislating the appropriate ruling for them.

4)  The jurists pointed out that, and among their sayings is the saying of Imam Alaa al-Din al-Kasani, the well-known jurist and nicknamed the King of the Jurists: (Divorce was originally prescribed for the place of interest because the spouses may have different morals, and when morals differ, marriage does not remain a benefit because it does not remain a means to the purposes - the purposes of marriage - So the interest prevails over divorce, so that each one of them reaches a marriage that he agrees with, so he fulfills the interests of the marriage from him.

Imam Ibn Qudamah al-Hanbali said: (Perhaps the situation between the spouses has become corrupted, so that the continuation of the marriage becomes a pure corruption and a pure harm by obliging the husband to spend and housing, and to confine the woman with a misdemeanor and permanent quarrel without interest.

5) The  termination of the marriage contract by divorce is the husband’s right, starting with the Sharia’s ruling, and he signs it voluntarily without stopping on the permission or approval of others. The wife may own it with the authorization of her husband or his stipulation by her in the marriage contract. The termination of the marriage contract may be based on a judgment from the judge in a lawsuit filed by the wife with the pretext of paying the harm on her behalf. The termination of the marriage contract may be by mutual consent between the two spouses, with money that the wife pays to her husband in order for her to agree to terminate the marriage contract, and this is khula.

6) And  Islamic Sharia, and if it permits a man to divorce and terminate the marriage contract with it, then it is his desire to keep it and not to hasten to terminate it. From this, the Almighty said: (And make good friends with them, so if you hate them, then they hate the Muslims to hate them.) The marriage contract is by running after what they feel in terms of hatred for their wives, so this hatred leads them to their divorce, because it may be in keeping the marriage contract and the marital bond much better that deserves to keep the marital bond with this hatred of it. Islamic Sharia also guides not to rush to seek khula and not to do what leads her husband to accept, as we will explain later.

7) The  topic of our research is the search for the legal answer to what we made the title of this research, which is (the extent of the wife's right to terminate the marriage contract by khula) and for this purpose we made our research method as follows:

8)  Research Methodology:

We divide this research into the following chapters:

    The first chapter:  Definition of khula in language and convention.

    Chapter Two:  Evidence for the Legitimacy of Khula.

    Chapter Three: The  Wisdom of Legislating Khula.

    Chapter Four:  Regulations for a Woman's Use of the Right to Khula.

    Chapter Five: The  husband's consent to divorce.

    Chapter VI:  Khula in man-made laws.

Chapter 1

Definition of khul` in language and convention

9)  Khul 'in the language

It came in the tongue of the Arabs: Take off a thing, take it off and take it off as it is.

He took off his wife, and she was taken off. And she subjugated him: He removed her from herself and divorced her on the basis of a gift of her for him, for she is divorced.

They were khula 'and took off from it, as it was taken off.

And that separation between spouses was called khula because God Almighty made women clothes for men, and men for them, so Almighty said: (They are yours, and you are clothes for them.) If the woman ransomed with money that she gave to her husband to show her from him and he answered her to each of them, then he dislocated it and took off it. From all that khula.

In the end, according to Ibn al-Atheer: It is said that his wife was dislocated. And she is divorced and she is divorced from it and she is divorced.

Khula is to divorce his wife for a compensation offered for him. Khula may be called divorce, and from it the hadith of Umar ibn al-Khattab, may God be pleased with him, that a woman became distressed against her husband.

And in the medieval dictionary:

Take off something. He dislocated his wife: He divorced her with a ransom of her money. And she divorced her husband: she asked that he divorce her with a ransom of her money.

And the spouses khula ': they agreed to divorce with a ransom.

Alkhali ': the divorced woman from her husband with a ransom, and the plural of khula'.

10)  Khula 'in the legal terminology

     A- It says in Fath Al-Qadeer in the Hanafi Fiqh:

Khula removal of the king of marriage instead of the word khula.

     B - It says in the mask of the mask in the Hanbali jurisprudence:

Khula is the husband's separation from his wife with a compensation that the husband takes from his wife or from another in specific terms.

     C - In the great commentary on Maliki jurisprudence:

Dislocation of the language: extraction. And legally divorces mosquitoes.

     D- In Mughni al-Muhtaj in Shafi’i jurisprudence:

Khula 'in Sharia is a division between the spouses with a deliberate return that refers to the husband's side with the word divorce or khula

11)  The common meaning of these definitions

It is noted that these definitions of khula in the term coincide in one sense, which is that khula is a division between the spouses, with their mutual consent and with the money that the wife pays her husband in return for that.

Chapter II

Evidence of legality of divorce

12)  First: From the Holy Quran

Almighty: (It is not permissible for you to take your Ateetmohn which said nothing but Akhava not forge a limits of God, the interpretation of the limits of God is not forge a stand on them with those Avcdt by the limits of Allah do not transgress them and go beyond the limits of Allah, they are the wrong-doers).

In a statement, the inference with this verse on the legitimacy of khula came as follows:

(God Almighty said: (So there is no misdemeanor against them in what it has benefited from) that is, there is no wing on the man in taking, nor on the woman in giving by redeeming herself from that marriage by giving some money that the husband is satisfied with so he divorces her for him, and this is khula. With this verse, as indicated, when is it permissible for a husband to take compensation from his wife in exchange for khula?

13)  Second: From the purified Sunnah

And in Sahih al-Bukhari, the woman of Thabit bin Qais came to the Prophet She wanted separation from her husband by divorcing her and said: O Messenger of God, I do not vengeance on a steadfast religion or creation except that I fear disbelief - and in a narration: I fear disbelief after Islam - then the Messenger of God said: So you respond He had his garden - which he gave her a dowry - and she said: Yes, she replied to him and ordered him to divorce her) and in the explanation of this hadith came: She feared for herself not to fulfill his rights over her because she did not love him, and this is a shortcoming of his rights that God Almighty commanded to fulfill That is why she asked her husband to divorce her.

And Imam al-Tirmidhi reported in his mosque on the authority of Ibn Abbas, may God be pleased with him, as saying: The wife of Thabit bin Qais was removed from her husband during the era of the Messenger of God.

14)  Third: the consensus

There has been consensus on the legality of khul 'by asking the woman from her husband for money that she pays him. This was mentioned by Imam Ibn Qudamah al-Hanbali in his book al-Mughni al-Mughni, and he also mentioned consensus on the legality of khula Ibn Hajar al-Asqalani in his explanation of Sahih al-Bukhari when he spoke about the story of Thabit bin Qais and her request for khula from her husband, which was narrated by Imam al-Bukhari.

Chapter III

The wisdom of the legislation of khula

15)  First: Paying damages to the wife

Imam Ibn Qudamah al-Hanbali, may God have mercy on him, said: (And khula - Sharia - to remove the harm that inflicts her - that is, inflicts the wife - to the bad tithing, and the standing is with those whom she hates and hates).

The bad tenth, i.e. the bad tenth that comes from the husband, may be caused by his feeling of the wife’s hatred for him, or by the wife’s failure to fulfill the husband’s rights over him because of her hatred of him. He counterbalances her by shortening the rights he owes towards her, and the ten worsens between them.

16)  Second: Protecting the wife from sin

The indication of this is that a woman may hate her husband and hate staying with him, so this hatred for her husband leads her to neglecting his rights over her, and this is a sin on her part, because this shortcoming means falling into transgression of the limits of God. These limits are what the Shariah commanded of her husband’s rights over her, so she sees salvation from this transgression of the limits of God Almighty that takes place by requesting khula from her husband, as did the wife of Thabit bin Qais in presenting her condition to the Messenger of God. She wants to be saved by khula with her husband.

17)  Third - What we have said about the wisdom of the legalization of divorce is valid to be among the wisdom of the legislation of khula because it is in the sense of divorce.

18)  It is noticed here that the Imam Ibn Qudamah mentioned in the wisdom of the Khula legislation the wife’s interest only to pay off the harm on her behalf, and he did not mention anything about the husband’s interest in the khula legislation. Indeed, the husband has an interest in the khula legislation and this interest appears in the permissibility of taking compensation from the wife if the request for divorce From her for a reason from her and not for a reason from the husband. However, this interest of the husband in the legalization of khula is in the second place of this wisdom because the husband can get rid of his wife who hates him and falls short in his rights by divorcing her willingly without the need for her consent in this divorce unlike the woman, she cannot get rid of him when there is a justification for salvation from him except with his consent and consent. Legislation of khul 'is in the interest of the spouses, but the wife’s interest in it is more apparent than in the interest of the husband. This is why it is permitted for her to pay the ransom to the husband, and the Sharia permits him to take it. This is what  The noble verse referred to him and it is: “It is not permissible for you to take anything from what you have given them except for fear not to set the limits of God.

the fourth chapter

Regulations for the wife's use of the right to divorce

19)  a source   enjoyed by human rights is God   as prescribed by the provisions include these rights or required even if not so what was to man any right, said Imam Shatby in his great book (Approvals: (because what   is the right of the slave but proved really his being By proving this to him by the Sharia, not   because he deserves to do so by virtue of the principle.) The right of a woman to khula comes from God Almighty through what he has legislated from the provisions in the Qur’an and the Sunnah that include this right.

20)  Granting rights to a person to achieve the purpose of the Sharia in granting them, and the   
purpose of granting rights to a person is to achieve the intended purpose of granting them, and the person to whom these rights or one of them should be used to achieve the intended purpose of them, i.e. to achieve what the law intended to grant him this right or rights to the individual. If he uses it to achieve other than the purpose that the street intended to grant it, then his work is void. Imam Al-Shatibi, may God have mercy on him, said :

21)  Controls for the use of the right of divorce

We said that khula is a woman’s right that comes from Islamic law, and God Almighty has granted this right to women to achieve a specific purpose, which is to ward off harm for the woman, and this is the wisdom of legalizing khula and making it a right for women. She has to use this right in a way that achieves this purpose, and this is the legal guideline that should be observed by the woman when using her right to divorce. If she did not intend by using her the right to divorce her, what the street intended to grant her this right, which is to ward off harm from her, her use of this right is contrary to the intent of the street in Granting him the right of khula, and whoever wants to implement the provisions of Sharia law or use what is included in these provisions of rights other than what these rulings have legalized for him, he contradicted the Sharia, and everyone who contradicts it is invalid, as Al-Shatibi said and we mentioned the text of his speech a little while ago.

22)  Cases of using khula with legal controls

Every case in which the use of khul 'is permissible, delegated or obligatory, it is the use of this right with its Sharia control in which the intended purpose of granting the right to divorce the woman is fulfilled and every case in which the use of khula is disliked or forbidden, it is a use of this right without its legal control, so the intended purpose of granting This right. What are the cases in which the use of khula is achieved with or without Sharia control?

23)  Cases in which the use of khula is achieved by his Sharia law

The first case - permissibility of khula

It is permissible for a woman to ask for khula 'in the event of her hatred or hatred for her husband, whether this hatred or hatred was a natural cause such as his rash or ugliness of his image, or the hatred was for a legitimate reason, such as slavery or a lack of his religion - that is, failure to perform what he is required to do according to Sharia. The reason for her hatred in his presence may be his old age and his inability to fulfill her right to have intercourse, and I feared that her hatred for her husband would lead to forfeiting his rights over her and the rights of sin in her for transgressing the limits of God, which is what God has enjoined upon a man over his wife, so she does not see a way to salvation from her occurrence. With regard to disobedience by transgressing the limits of God except by khula ', so she requests it from her husband.

     A - In the scouts of the mask in the Hanbali jurisprudence (and if a woman hates her husband for his creation or for his creation - that is, for his apparent image, which is his redness or for his hidden image, which is his morals or his hatred for a deficiency in his religion - that is, his failure to perform what Islam requires him to do or leave - or due to his old age Or his weakness or something like that, and she feared a sin by leaving his right, so it is permissible for her to dispose of it in return for redeeming herself from him because God Almighty says: (If you fear that He will not establish the limits of God, then there is no affection for them as it is helped).

     B - And in al-Muhadhdhab and his explanation of al-Majmoo 'in Shafi’i jurisprudence (and if a woman hates her husband for an appearance of ugliness or an evil ten and is afraid that she will not fulfill his rights, then it is permissible to dispose of him in return for what God Almighty says (for if you fear that God will not establish the limits of God, they are not guilty of them).

     C - And in the local in the jurisprudence of the Dhahirah (and if a woman hates her husband and is afraid that she will not fulfill his right, or she is afraid that he will not hate her, and her right will not be fulfilled, then she may redeem him and redemption is only permissible by one of the two aforementioned ways or by their meeting).

24)  The second case - desirability of the wife's request for khula

The Hanbalis said that it is recommended and desirable for the wife to ask for khula from her husband if he fails to fulfill the rights of God Almighty that he imposed on him, such as performing prayer and the like, and his insistence on this shortcoming, and she can not force him to do so.

25)  The third case - the necessity of asking for khula

The woman must ask for khula 'in order to get rid of a man who is no longer fit to be her husband by virtue of the Sharia, as if he divorced her three times, and he is no longer a legal husband, and it is not permissible for him until she marries another husband and leaves her with a real death or divorce that is not intended to analyze her for her first husband. He divorced her three times and he refuses to acknowledge this divorce, and the wife has no witnesses to his divorce, and this divorced husband wants to keep her as a wife with whom he has intercourse with husbands, and the woman cannot prove her three divorce from him and no one believes her what she says or claims because there are no witnesses or confirmation from him, and she cannot do this The wife is only fleeing to her family if she has family, then this immoral husband requests her to obey him, and she refuses because her debt prevents her from answering his request, but she can persuade him to take off by offering to redeem herself from him by offering what he wants from the money in return for taking it off, in this case she must use her right to divorce to get rid of this Lewd man.The same is the case if the husband apostatizes by what he does or says in front of his wife and does not acknowledge his apostasy and does not return from her, but insists on her. The marriage of this wife is annulled and he does not return to him except by sincere repentance from his apostasy, so if he insists on his apostasy and his wife cannot prove that because there are no witnesses to his apostasy, or Because the judiciary in her country does not recognize the annulment of the marriage contract with what is called in Islam (apostasy), so this wife must use her right to khula, and she asks him to khula 'for money that pleases him in order to redeem this apostate husband.

26) And the  wife's use of her right to divorce in the three cases that we mentioned is the use of her right to divorce through its legal controls, by which the wisdom of the legalization of khula can be achieved and giving the wife the right to use it.

27)  Cases of a wife requesting khul 'with the absence of these cases from the legal officer to use her right to divorce, so what are these cases?

28)  Cases in which the legal officer is free to request khula

   A-  The first case - in which the wife is disliked to ask for khula ':

Imam al-Kharqi al-Hanbali said (If she dislikes him for something other than what we have mentioned, that would be disliked for her and the khula took place). This indicated that he wanted to disagree with her, and the situation is full and morals are appropriate, so he hates her for that, i.e. asking for khula '.

And in al-Kafi in the Hanbali jurisprudence (the second type of khula ': khula' for no reason and with the righteousness of the situation - that is, between the spouses - so our companions went that it is correct with disliking, and its validity means that the effects of khula are attached to this khula that is held with dislikation and its effects are permissible to give instead of khula with money The wife and the permissibility of taking it from her husband.With the validity of khula in this case in the rulings of this world, the issue of the righteous Muslim woman is that she does not use the disliked and does not spend her money on the use of the disliked one, so she does not use her right in this case because this use does not achieve the intended purpose of granting the right to divorce the woman It is to prevent the harm from her, as there is no harm to her in this case, where the relations - that is, between the spouses - are good and the rights that each have for the other are well performed.

And the Shafi’i said it is permissible to ask for khula and not to be disliked in this case. Imam al-Shirazi al-Shafi’i said: (And if the wife does not hate anything from him - that is, if the wife does not hate her husband anything - and they agree to khula for no reason, khula is permissible because khula is prescribed to ward off harm, so it is permissible without harm, such as dismissal in Sale).

The most correct view of the Hanbalis is that the request for khula 'in this case is disliked, and if its hatred does not nullify it, but makes the Muslim woman long for it, and if she did it, it is correct in the rulings of this world.

29)     b- The second case - the wife is forbidden to ask for khula:

Ibn Qudamah al-Hanbali said: “If the situation between the spouses is good and the morals are appropriate, then he hates that for her - that is, he hates the wife to ask for khula’a.” Then Ibn Qudamah said: “It is possible that the words of Ahmad, that is to say Imam Ahmad Ibn Hanbal, are forbidden. The dowry, this khula) This indicates that khula is not permissible except in this case, which is the case of the wife’s hatred of her husband, and in other than this case it is prohibited and not permissible. This is the saying of Ibn al-Mundhir and David. Ibn al-Mundhir and Roy means that Ibn Abbas and many of the scholars, because God said (it is not permissible for you to take your making Ateetmohn nothing but Akhava not forge a borders of God, the fear not forge a borders of God do not stand on them with Avcdt him) indicates in its conception on The wing pursues them if they are redeemed without fear that they will not set the limits of God. Then he thickened the warning, then the Almighty said:(Those are the limits of God, so do not observe them And whoever transgresses the limits of God, the first of you are the oppressors.) And Thawban said: The Messenger of God said (Whatever a woman asks her husband is a divorce without any harm - what is wrong with her. On the prohibition of khula 'without need and because it harms her and her husband and removes the interests of the marriage without need, it is forbidden because there is neither harm nor harm.

Al-Faqih Ibn Hazm al-Dhahiri said: “If a woman hates her husband and is afraid that he will not fulfill his right, or she is afraid that he will hate her, and he will not fulfill her right, then she may redeem from him.

This means that it is forbidden to ask for khula 'in other than the two cases mentioned by Ibn Hazm, may God have mercy on him.

30) A  woman's request for khula 'to get rid of her husband's muscle

The Almighty said, “And do not make them weak, let you go with some of what you have done, unless they bring out a clear indecency ...” and the meaning of muscle tightening, severity, prevention and harm. And Imam Ibn Katheer said in his interpretation of the Almighty’s saying: “Let you go with some of what you have brought to you” means that a man has a woman and he hates her companions and she has a dowry over him and he harms her to redeem it. Likewise, Al-Dahhak, Qatada, and more than one said.

31)  There is no doubt that it is permissible to ask for khula by the woman in this case - the state of her muscle - because if the wife has the right to ask for khula because of her hatred for him, then her request for khula 'in the event that the husband binds her is permissible in the first place because the husband’s intimidation is harmful to her. Harm, and because his muscle is injustice, and it is not God’s law to prevent the oppressed from removing the injustice from him and he is able to lift it with what God Almighty has prescribed and permitted from the means of defending and removing injustice from him.

32) The  sayings of the jurists regarding the dislocation of a woman in the event that her husband binds her.

Al-Faqih Ibn Qudamah al-Hanbali said: If he binds his wife and harms her by beating and restraining her or preventing her from spending and dividing her rights, and the like, in order to save herself from it, so she did, so khula is invalid and compensation is a return. Qatada, al-Shaabi, and Ishaq. Abu Hanifa said the contract - meaning the contract of khula - is correct, and al-Awad is necessary and he is a sinner while he is disobedient.

33)  Commenting on the sayings of the jurists and explaining the most correct of them:

   A-  Saying that the khul` is invalid in this case means that it is considered equal and that which is absent is equal and therefore has no effect on the marital bond because it remains as stated by the owner of the mask scouts.

This saying is weak and even untrue, because khula is a contract and it was done by the will and consent of both parties: with the will and consent of the wife in order to get rid of the husband’s muscle, and with the will and consent of the husband to take the khula allowance, and the khula is what is prescribed except for the payment of harm and wrongdoing on her behalf, even with the money she spends to achieve this purpose, how is the saying correct Invalidating such a divorce and preserving the marital bond? Based on this, what was reported by Abu Hanifa, may God have mercy on him, that the khula contract is correct is a correct saying that I prefer on the one hand because it results in separation between marriage .. Just as the Malikis considered the khula valid on this side because they said: It is in it that the woman is revealed as we will mention the text of their speech.

34)     b- As for the khula allowance, which is what the woman gives in exchange for the consent of her husband by khula 'with her, he is not entitled to this allowance because he took what he had after him, so it is by virtue of the usurper because he forced her to do his expense to get rid of his injustice and his muscle, and thus what the public went to The non-entitlement of the surviving husband instead of khula is a correct saying, which is what I prefer, and what Imam Abu Hanifa went to in that (compensation is necessary), meaning that the khula'a wife is obligated to pay it to her still husband, is a probable saying and it is not sufficient for the right of sin with him because this is one of the rulings of the hereafter, and this does not prevent the procedure The appropriate judgment for him in this world.

And what he must do in this world is to return what he took from the khula allowance if he had received it and not deserve to take it if he did not receive it from the wife, and all this if the wife proved that the husband was bothering her.

35)  In conclusion  , the most likely issue in the matter of a man beating his wife in order to compel her to divorce in order to obtain the khul 'allowance is that the khul' takes place as a result of its effect on the occurrence of separation between the spouses, as for the khula allowance i.e. (the compensation), the husband does not deserve it because he took it or wanted to take it unlawfully Rather, injustice and transgression, and wrongdoing and transgression are not suitable as a reason for taking the money of others.

36) He  quotes in the following the words of the Malikis on the issue of asking a woman to divorce her because of her husband’s impotence of her, and his lack of entitlement to the compensation , that is, to the khula allowance, which is what I prefer :

It says in the small commentary by Al-Dardiri in Maliki jurisprudence: (It is her - that is, the wife - when she divorced her husband with money and claimed that she was divorced because of harm from him, with which divorce is permissible to return the money that the husband took from her if she establishes evidence that testifies to her of the harm. We still hear that it harms her, and if she waives doing it by telling her that I divorce you on the condition that you waive your right to do the evidence of harm, and she agreed to him, then she has to evaluate it after the divorce and take from him the money that she paid him, because the harm is compelling her to do so, so she does not act on her commitment to that and she is from it That is, the division between them took place with a definite divorce, because the khul` with the Malikis is a repudiation divorce, as we mentioned earlier.

37) The  wife's ability to use her right to divorce

The wife who concludes the khul 'contract herself requires her eligibility to use her right to divorce, because this capacity is among the legal controls or among what is included in the concept of the legal officer for the wife's use of her right to divorce in an acceptable manner that achieves the intended purpose of the legalization of khula .. and this capacity is achieved in the wife To be the legal wife of the one who peels with him, and to be a rational adult, and to be permissible for disposing of her money and from him donating her money.

Rather, she is the wife of the one who kicks him off if she is his wife with a valid, sharia marriage contract, but if she is a wife to him with a corrupt marriage contract, then she is not a legal wife to him, so she does not need to divorce him, because the corrupt marriage contract must be annulled and the two spouses must be differentiated because it does not establish a marital bond Respected legitimacy deserves to be preserved, but calls for severance and cancellation due to its incorporation of a corrupt contract by virtue of the Sharia, so it is not needed by khula 'because what is meant by khula is to terminate the marriage contract and sever the marital bond, and by the corrupt contract it must be canceled according to Sharia and the marital bond based on it.

38) And the  wife legally, if her husband divorced her revocably, then she has the right to ask for a divorce from him as long as she is in the waiting period, because revocable divorce does not raise the dissolution nor remove the property as long as the divorced woman is in the waiting period. Ibn Qudamah al-Hanbali, may God Almighty have mercy on him, said: “The reversionary - meaning the divorced woman is a revocable divorce.

What it means is that the wife who is divorced, meaning the one who asks for khula ', is an adult of rational rationality, meaning that the reward for disposing of her money is including her eligibility to donate her money, but this condition is stipulated in the wife who is asking for khula because the wife’s right is considered compensation for the defect of donation because she is spending money - instead Khula - when it is not considered money, which is her salvation from the restriction of marriage through divorce, which the husband signs in exchange for this money - instead of khula - said Imam Ibn Qudamah al-Hanbali, may God have mercy on him (and it is apparent from Ahmed’s words that a rational woman disposes of all of her money by donation and netting and this is one of the two narrations on the authority of Ahmad and he is The doctrine of Abu Hanifa, al-Shafi’i and Ibn al-Mundhir).

39)  Awad in khula

What is meant by compensation in khula, also called (khula allowance), is the money that a woman is obligated to pay to her husband when she asks for khula from him if he agrees to khula. Substitution is one of the constituents of the khula contract in the idiomatic sense of it, and that is why it is mentioned in its definition in the term. But if the compensation is not mentioned in the establishment of the khula contract, will this contract take place and the khul 'takes place in it correctly, producing its effects? The sayings of the jurists in the Hanbali school of thought have two narrations: On the authority of Imam Ahmad (the first), khula is valid without compensation because it is interrupted by marriage as a passover without compensation, such as divorce, and because the principle in the legality of khula is that there is a woman’s desire for her husband and a need for his separation, so she asks him to leave her. As if it were mosqu

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Published on: 2015-02-19 (11256 Reads)

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