What are the conditions for the husband if the woman wants khul' (divorce at the wife's request for compensation)?
Machine translationRead the Arabic original
The questioner : I have a question here, if it is possible, regarding a matter that is being discussed in America concerning the wife's khul' (divorce at the wife's request for compensation). Does the khul' require the husband's consent, or is it not required?
The Shaykh : Does it require consent?
The questioner : The husband's.
The Shaykh : The husband's?
The questioner: Yes.
The Shaykh : It is necessary that this be done through a specific study by a Shari'ah judge. If it becomes clear to him that the husband does not deserve to live with this woman because of his bad character, he separates them against his will. However, if there is nothing of these matters that justify separating the spouses against the husband's will, then the khul' (divorce at the wife's request for compensation) is not valid except with his consent!
The questioner : Yes, and what is the evidence?
The Shaykh : The evidence is that the khul' (divorce at the wife's request for compensation) is a matter of mutual action, which is governed by the consent of both spouses. If one of them acts alone, it is not permissible, except if the one acting alone is the one about whom he (peace and blessings be upon him) said:
The questioner: Yes.
The Shaykh : You know that the woman does not have the power to divorce the man; rather, it is he who pronounces the divorce. But regarding the khul' (divorce at the wife's request for compensation), if there is no injustice, tyranny, or aggression from the husband toward the wife, no one can force him to accept the khul' (divorce at the wife's request for compensation)!
The questioner : May Allah reward you.
The questioner : The other person: Our two Shaykhs, is it possible in the verse[Al-Baqarah 2:229]?
The Shaykh: Yes.
The questioner : It means the redemption by the woman's hand, but for both of them, it was necessary to have the consent of both, meaning.
The Shaykh : Ah, in this issue, but does this mean that the separation is forced upon one of the two parties?
The questioner : No, the consent of both, meaning I intend that this indicates that the consent of [both] is required.
The Shaykh : What is the meaning of the difference, my brother? The ransom is the khul' (divorce at the wife's request for compensation).
The questioner: Yes.
The Shaykh : And this is what I said, that it should be by the mutual consent of the spouses, except in the case I described earlier. Yes, what did I say finally?
The questioner : The evidence for this opinion that the consent of both is necessary is that the Lord of the Worlds said:[Al-Baqarah 2:229].
The Shaykh: Yes.
The questioner : For both of them, the husband and the wife, meaning the two of them.
The Shaykh: Yes.
The Shaykh : Does it require consent?
The questioner : The husband's.
The Shaykh : The husband's?
The questioner: Yes.
The Shaykh : It is necessary that this be done through a specific study by a Shari'ah judge. If it becomes clear to him that the husband does not deserve to live with this woman because of his bad character, he separates them against his will. However, if there is nothing of these matters that justify separating the spouses against the husband's will, then the khul' (divorce at the wife's request for compensation) is not valid except with his consent!
The questioner : Yes, and what is the evidence?
The Shaykh : The evidence is that the khul' (divorce at the wife's request for compensation) is a matter of mutual action, which is governed by the consent of both spouses. If one of them acts alone, it is not permissible, except if the one acting alone is the one about whom he (peace and blessings be upon him) said:
Divorce is in the hand of the one who takes the leg.
الطلاق بيد من أخذ بالساقThe questioner: Yes.
The Shaykh : You know that the woman does not have the power to divorce the man; rather, it is he who pronounces the divorce. But regarding the khul' (divorce at the wife's request for compensation), if there is no injustice, tyranny, or aggression from the husband toward the wife, no one can force him to accept the khul' (divorce at the wife's request for compensation)!
The questioner : May Allah reward you.
The questioner : The other person: Our two Shaykhs, is it possible in the verse
there is no blame upon either of them concerning that by which she ransoms herself
فلا جناح عليهما فيما افتدت بهThe Shaykh: Yes.
The questioner : It means the redemption by the woman's hand, but for both of them, it was necessary to have the consent of both, meaning.
The Shaykh : Ah, in this issue, but does this mean that the separation is forced upon one of the two parties?
The questioner : No, the consent of both, meaning I intend that this indicates that the consent of [both] is required.
The Shaykh : What is the meaning of the difference, my brother? The ransom is the khul' (divorce at the wife's request for compensation).
The questioner: Yes.
The Shaykh : And this is what I said, that it should be by the mutual consent of the spouses, except in the case I described earlier. Yes, what did I say finally?
The questioner : The evidence for this opinion that the consent of both is necessary is that the Lord of the Worlds said:
there is no blame upon either of them concerning that by which she ransoms herself
ولا جناح عليهما فيما افتدت بهThe Shaykh: Yes.
The questioner : For both of them, the husband and the wife, meaning the two of them.
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.