What are the rights that a husband can claim, including the deferred dower, in the event that the wife initiates the dissolution of the marriage, and what is the right to custody of a daughter born after the divorce case has been filed, taking into account the financial costs of the marriage?
Khul' is the separation of a husband from his wife in exchange for a compensation he receives from her or from someone else, using specific wordings, in order to free the woman from her husband in a manner that precludes his return to her except with her consent and a new contract. It is permissible by the Qur'an, Sunnah, and scholarly consensus.
The five rulings apply to khul'. It is disliked if the spouses are getting along. It is forbidden and invalid if the husband harasses her so she would ransom herself. It is permissible for her if she dislikes her husband's character or fears committing a sin by neglecting his rights.
It is not necessary for khul' to be only for the mahr (dowry); rather, it is permissible for whatever they agree upon, even if it is more than the mahr. Custody belongs to the mother, and there is a difference of opinion regarding the condition of waiving it in exchange for khul'.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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