Al Khul` (1) (1- 5)

In the Shari`ah: It is divorcing one's wife in return for money (which she pays) with special wordings. It was called Khul` because a woman separates herself from her husband as she takes off her clothes. (2)

The Words of Al Khul`

It is divided into explicit and implicit:

Explicit is divided into three words:

1- Khala`tuka as it is known by habit.

2- Aftady as was reported in the Qur'an: "And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allâh (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allâh, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al Khul` (divorce). These are the limits ordained by Allâh, so do not transgress them. And whoever transgresses the limits ordained by Allâh, then such are the Zâlimûn (wrong-doers)." (3)

3- Fasakhtu Nikahaka I abolished your marriage because this is the truth, so if a wife says one of these words, Khul` is decisive without referring to her intention.

Other than these wordings such as Bara'tuka, Abra'tuka, Abantuka, they are implicit and we should refer to the intention such as the case of divorce.

 

_________________________

 

(1) See: Al Ikhtiyar Lita`lil Al Mukhtar 1/37, Al Bahr Ar-Ra'iq 4/77, Al `Inayah Sharh Al Hidayah 5/464, Al Mabsut 6/308, Al Istidhkar 6/76, A/l Majmu` 17/3, Mughny Al Muhtaj 3/262, Rawdat At-Talibin 7/390, Al Mughny 8/174, Al Insaf 8/282, Hashiyat Ar-Rawd Al Murbi` 6/459, Ikhtilaf Al A'imah Al `Ulama' 2/162, Al Fiqh `Ala Al Madhahib Al Arba`ah 4/184, Majmu` Al Fatawa 32/282, and Zad Al Ma`ad 5/192.

(2) See: Hashiyat Ar-Rawd Al Murbi` 6/459, Ar-Rawd Al Murbi` 1/357, Al Bahr Ar-Ra'iq 4/77, chapter on the removal of marriage based on the words of Khul` or words which have the same meanings.

(3) Surat Al Baqarah: 229.

 

 

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