Is it permissible for a khul‘ to occur amicably in the event that recourse to the courts is not possible, and what are its conditions for it to be an annulment of the marriage contract and not a divorce, and how is it officially documented, and what are the rights resulting from it for the wife and children, especially since the husband did not register the previous two divorces, and sold the wife’s gold and her wedding jewelry, and owes a debt to her mother, and the wife has not yet paid her deferred mahr?
If a husband severely beats his wife, she has the right to take his matter to a judge and request a divorce due to harm. It is permissible for the wife to seek khulʿ (divorce at the wife's instance, usually by returning the dower or other compensation) from her husband due to his ill-treatment, without needing a judge. Khulʿ does not depend on a judge's ruling, but its documentation in courts is necessary to preserve rights. Khulʿ entails a definitive separation, meaning the husband does not have the right to take her back except through a new marriage contract. Some rights of the wife and her children are forfeited if the wife waives them in exchange for the khulʿ.
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- Source platform
- Ftawy
- Original fatwa ID
- 135782
- Imported
- Translation status
- Source text, unreviewed
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