Is the described situation considered a divorce (طلاق) or a khul' (خلع), and does the ruling on reconciliation (الرجعة) differ in each case? If it is a divorce, is it irrevocable (بائن) or revocable (رجعي)? Is the waiver of the dower (مهر) valid and binding under these circumstances? What is the preponderant opinion regarding the occurrence of triple talaq at once? What are the rulings concerning the son conceived by the wife, given the husband's denial of him?

A husband who abuses his wife and deprives her of her rights without cause, then divorces her in exchange for her waiving her mahr (dowry), is an unjust husband and violates the teachings of Islam, which command kind treatment or separation with kindness, as stated in Surat al-Talaq. This action falls under what is called "divorce by ibra (mutual release)," which is a type of khul (divorce at the wife's instance).

Scholars have differed on the classification of khul. The majority hold that it is an irrevocable divorce, after which the husband cannot take his wife back except with a new contract and mahr, which is known as divorce for compensation. Others hold that it is an annulment (faskh) and not a divorce, and this is the more preponderant opinion.

As for khul during menstruation or during a period of purity in which intercourse occurred, there is no harm in it, because the harm of ill-treatment is greater than the harm of a prolonged waiting period (iddah).

The wife is not entitled to retract the mahr that she willingly waived in exchange for her divorce.

A husband's denial of paternity of his wife's child, if the pregnancy occurred after the marriage contract and the possibility of intercourse, is a denial and a falsehood. The child is attributed to the husband according to the Prophet's (peace be upon him) saying, "The child belongs to the bed, and for the fornicator is the stone." Whatever the husband or wife may have written denying the child's lineage has no value or effect.