From the Rulings on Khul'
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As for the case where it is the woman who does not want her husband, she has the right to demand the annulment of the marriage if she is absolutely unable to continue, but she must give her husband what he lost of the mahr.And the evidence for this: The wife of Thabit ibn Qays ibn Shammās. You know the status of Thabit ibn Qays ibn Shammās, for he was among the orators of the Messenger of Allah (peace and blessings be upon him), and he was a skilled orator. The Prophet (peace and blessings be upon him) testified to his entry into Paradise, may Allah be pleased with him. But his wife hated him with great hatred, so she came to the Prophet (peace and blessings be upon him) and said to him: (O Messenger of Allah, I find no fault with Thabit ibn Qays in his character or his religion—Meaning: His character is good and his religion is upright; I find no fault with him—but I hate disbelief in Islam. By disbelief, I mean the hatred of a spouse, not the disbelief of the religion.Meaning: I fear that I will not be able to fulfill his rights—So the Prophet (peace and blessings be upon him) said to her: Will you return his garden to him?She said: Yes—His garden: The mahr he gave her— So the Prophet (peace and blessings be upon him) said to her husband, Thabit: Accept the garden and divorce her, so he did.) Is this matter for guidance or for obligation? Some scholars hold that it is for guidance, while others hold that it is for obligation if the situation between them does not settle; because if they remain in a state of discord, their life together becomes a source of annoyance. And if they have children and a dispute arises between them regarding the children, it becomes even more annoying and more annoying.But if they separate, Allah the Exalted said: [Al-Nisa: 130] Allah will make a way out for him and a way out for her, so some scholars hold that the saying of the Messenger of Allah (peace and blessings be upon him) to Thabit: (Accept the garden and divorce her) is for obligation; and that is if it is not possible for the situation between them to settle, because the purpose of marriage is what Allah (Mighty and Majestic) mentioned: [Ar-Rum: 21] If this purpose is absent, there is no benefit. Each of them remains a source of annoyance, and perhaps this annoyance will occupy them from the obedience of Allah. His concern and thought will all be directed toward what is between him and his wife, and so it is for the woman. So separation here is better than remaining together.
And the truth is that the rulings of marriage are many, but due to the shortness of time, we will limit ourselves to what we have mentioned. Perhaps it will be facilitated for us to have another session, if Allah wills, to complete the rest; because it is important, and many people are unaware of the rulings, and many people have arrogance and do not care about wasting rights, whether regarding the wife or regarding the husband.
We ask Allah for guidance and uprightness for us and for you, and that He make us among those who enjoin one another to truth and enjoin one another to patience and enjoin one another to mercy.
But if they separate [by divorce], Allah will enrich each [of them] from His abundance
وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلّاً مِنْ سَعَتِهِAnd of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy
وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجاً لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةًAnd the truth is that the rulings of marriage are many, but due to the shortness of time, we will limit ourselves to what we have mentioned. Perhaps it will be facilitated for us to have another session, if Allah wills, to complete the rest; because it is important, and many people are unaware of the rulings, and many people have arrogance and do not care about wasting rights, whether regarding the wife or regarding the husband.
We ask Allah for guidance and uprightness for us and for you, and that He make us among those who enjoin one another to truth and enjoin one another to patience and enjoin one another to mercy.