ما هي شروط الخلع، وهل يصح في حالة غياب الرجل أكثر من سنة؟
Khul' (divorce at the instance of the wife) is legislated, and it has five pillars:
1. The offeror (al-Mūjib): This is the husband. Conditions for him are sanity, puberty, and free choice. It is permissible for a guardian to act on his behalf if he is a minor or insane, or for him to appoint an agent, provided that the agent's khul' for himself would be valid. 2. The acceptor (al-Qābil): This is the wife, or her guardian, or her agent. The condition is that she must have full authority over financial transactions. 3. The object of compensation (al-Mu'awwaḍ): This is the sexual enjoyment (al-buḍ') belonging to the husband. If the wife was irrevocably divorced (bā'in) at the time of khul', it does not take effect. 4. The compensation (al-'Awaḍ): This is what the husband takes from his wife in exchange for the khul'. It can be a dowry (ṣadāq), and there is no limit to it; rather, it is according to the agreement. 5. The صيغة (Formula/Wording): This is the offer from the husband and the acceptance from the wife.
The maximum period a man may be absent from his wife without her permission is six months.
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- 36637
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