Is it permissible for a man to stipulate that a woman waive her right to khul‘ in exchange for marrying her?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Khul' (divorce at the wife's instance) cannot be effected except with the husband's consent or by the judge's compulsion in cases of harm. Therefore, the husband does not need to stipulate the waiver of the wife's right to seek khul'.
However, if the judge rules for khul' simply upon the wife's request, then the husband may stipulate that she waives her right to seek khul' in order to document this condition, as conditions are valid in marriage.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/5214
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 5214
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy