Khul literally means: To separate couples upon wealth (money). It is taken from "Khala, thawb" (the cloth is removed) because men and women are garments for each other. (see Q2[Baqarah]: 187). AbuBakar Ibn Duraid said: "That the first Khulamong the Arabs is that Amr bin Az-Zarb who married his daughter to a son of his brother Amr bin Al-Harith. When she was with him, she ran away from him. He reported her to her father. The father responded: "I would not make you lose both your wife and your wealth. I separate her from you, by returning to you what you gave her." The scholars thought that this is the first Khulamong the Arabs. Technically: The scholars define it as "to divorce a woman by taking back what the husband gave her."
Narrated by Ibn Abbas (RA): "The wife of Thabit bin Qais came to the Prophet (salallahu alayhi wa sallam) and said, "O Allaahs Messenger! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him )." On that Allaah's Messenger (salallahu alayhi wa sallam) said (to her), "Will you give back the garden which yow husband has given you (as Mahr)" She said, Yes.Then the Prophet (salallahu alayhi wa sallam) said to Thabit, "O Thabit! Accept your garden, and divorce her at once." (Bukhari)
All scholars agreed upon its legality except Bikr bin Abdullah Al-Mazaniyu. He was a popular tabiee, he said it is not halaal for anybody to take something when divorcing his wife, because Allaah says: "But if you decide to take one wife in place of another, even if you had given the latter a whole treasure for dowry, take not the least of it back." (Q4[Nisaa]: 20) The scholars justified their position with a verse that relates specifically to the issue of Khul. Allaah says: "There is no blame on either of them if she gives something for her freedom." (Q2[Baqarah]: 229)
However, he maintained his stand because he claimed that this verse was abrogated by Nisaa[4]: 20 above. But, it seems that Bikr bin Abdullah Al-Mazaniyu was not aware of the above hadeeth. (Fath al-Baari) In general, if a woman hates her husband due to his physique or character, deen or old age or weakness ete. and she fears that she cannot fulfil the right of Allaah in obedience to her husband, it is permissible to dissolve her marriage by giving him (her husband) something for her freedom. For Allaah says: "If you (Judges) fear that they (husband & wife) cannot keep the boundary of Allaah. There is no blame on either of them if she gives something. [or her freedom. (Q2[Baqarah]: 229)
Both Imaam Maalik and Ahmad reported that Prophet (salallahu alayhi wa sallam) came to observe Subh and met Habeebah bint Sahl in front of his door at dawn. The Prophet (salallahu alayhi wa sallam) asked her: "What is your problem? She said, neither me nor Thabit When Thabit came the Prophet (salallahu alayhi wa sallam) informed him. "This is your Habeebah bint Sahl, she will say whatever Allaah permitted her to say." Habeebah said: "O Messenger of Allaah (salallahu alayhi wa sallam), all he gave me is still with me. The Messenger of Allaah (salallahu alayhi wa sallam) said: "O Thabit bin Qais, take it from her", he took it from her and stay with her family." This is an authentic Hadeeth and the chains are sound. Al-KhulIs independent Of The Judge Ahmad said al-Khulis permissible without a judge or ruler.
Bukhaaree reported that both Umar (RA) and Uthman (RA) permitted al-Khulwithout the consent of a judge or king. However, both AI Hassan and Ibn Sireen said it is not permissible without a judge. The first position is the strongest. There is no problem with al-Khul either during menstruation or purification when he has had an affair with her. Divorce is prohibited due to the harm he has caused her with prolonged Iddah while al-Khul is to remove the harm she has. Been afflicted with or bad characters and staying with someone she hates. Al-Khuloccurs by her demand, that shows she is pleased with it and it is a proof that it will be better for her well being.
This article was culled from the publications of Deen Communication Limited