Can a wife be kept under her husband’s authority despite his refusal to grant a khulʿ, even though Sharia came to protect women? Is there no way to free her given her circumstances (husband’s violence, unregistered marriage, wife’s young age)?

If the marital relationship reaches an impasse, and khul’ (divorce at the wife’s instance, usually by giving compensation) is the solution, the default is that it should only occur with the mutual consent of the spouses. However, if there is a dispute that cannot be resolved and the husband refuses the khul’, the wife may refer her case to a judge.

If the marriage contract was not documented and the woman is unable to refer her case to a judge, she may appoint wise individuals from her relatives and her husband’s relatives to arbitrate. These two arbitrators have the authority to reconcile the spouses, and if reconciliation is not possible, then if the harm is from the husband, they should divorce her from him without taking anything from her. If the harm is from her, they should make her trustworthy (i.e., ensure her rights are preserved) or deem it appropriate to take something from her in exchange for the separation, if that is a fair settlement.

Regarding financial compensation in khul’: If the nushooz (disobedience/rebellion) is from the husband’s side, it is not recommended for him to take more than he gave her. It is forbidden for him to take anything if he oppresses her to compel her to ransom herself. The Hanafis hold that it is detestable for him, to the extent of being prohibited, to take anything from her, based on the Almighty’s saying: "And if you want to replace one wife with another and you have given one of them a qintar [of gold], do not take anything from it. Would you take it in injustice and manifest sin?" (An-Nisa: 20). It is not permissible for the husband to compel his wife to seek divorce in order to forfeit her right to the deferred dower (mu’akhkhar as-sadaq). If the divorce occurs on this basis, the deferred dower remains a debt owed by the husband.