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What is the ruling on the wife and the ruling on her marrying another man, and is she cursed for leaving her husband's home, if the court rules in her favor for khulʿ without the husband's consent, knowing that khulʿ requires the husband's consent, or if she is not convinced that this khulʿ is Islamically invalid, or if she believes in the validity of the state law that permits it?

1 min readAlso available in العربية

Khul' is permissible by scholarly consensus. It is a redemption by the wife to her husband in exchange for her freedom, through which she gains control over her affairs. She should not resort to it unless she is harmed by her husband or fears that she cannot fulfill his lawful rights. The fundamental principle is that khul' is not permissible except with the mutual consent of the spouses. However, the judge may enforce it if the wife's need for it is established, especially in cases of discord or the wife's aversion to her husband. It is not permissible for a woman to rush to khul' without cause, and there is a hadith that admonishes against this. If the judge rules for khul', then khul' has occurred, and the marriage contract between the spouses is dissolved, especially if the wife has reached the point of raising her case to the courts, which indicates her aversion to her husband. In these cases, it is desirable for the husband to agree to khul', and some rulers have obligated husbands to do so.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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