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Chapter twenty-nine » Miscellaneous rulings on divorce → ← Chapter twenty-nine » Laws of returning to one’s wife

Chapter twenty-nine » Khulʿ divorce

Ruling 2546. The divorce of a wife who is not fond of her husband and has an aversion to him and gives him her dowry (mahr) or some of her other property so that he divorces her is known as a ‘khulʿ’ divorce. In a khulʿ divorce, it is a requirement that the wife’s aversion to her husband be at such a level that it is a threat to her fulfilling her marital duties.

Ruling 2547. If the husband wishes to say the formula of a khulʿ divorce himself, then, if the name of his wife is Fāṭimah, for example, he must say the following after the property has been given:

زَوْجَتِي فَاطِمَةُ خَلَعْتُـهَا عَلَىٰ مَا بَذَلَتْ

zawjatī fāṭimah khalaʿtuhā ʿalā mā badhalat

I give my wife Fāṭimah a khulʿ divorce upon accepting what she has given.

And based on recommended precaution, he should also say:

فَهِیَ طَاِلقٌ

fahiya ṭāliq

And so she is divorced.

In case the wife is specified, it is not necessary to mention her name. The same applies in a mubārāt divorce [the laws of which will be mentioned later].

Ruling 2548. If a wife appoints an agent to give her dowry to her husband and the husband appoints the same person to divorce his wife, in the event that the name of the husband is Muḥammad and the name of the wife is Fāṭimah, for example, the agent must say the formula of the divorce in the following manner:

عَنْ مُوَکِّلَتِي فَاطِمَةَ بَذَلْتُ مَهْرَهَا لِمُوَکِّلِي مُحَمَّدٍ لِیَخْلَعَهَا عَلَیْهِ

ʿan muwakkilatī fāṭimah badhaltu mahrahā limuwakkilī muḥammad liyakhlaʿahā ʿalayh

On behalf of my client Fāṭimah, I give her dowry to my client Muḥammad so that he gives her a khulʿ divorce upon accepting it.

Thereafter, the agent says:

زَوْجَةُ مُوَکِّلِي خَلَعْتُـهَا عَلَىٰ مَا بَذَلَتْ فَهِیَ طَاِلقٌ

zawjatu muwakkilī khalaʿtuhā ʿalā mā badhalat fahiya ṭāliq

I give the wife of my client a khulʿ divorce upon accepting what she has given, and so she is divorced.

If the wife appoints an agent to give something other than her dowry to her husband so that he divorces her, then instead of saying مَهْرَها [mahrahā] he must mention that property. For example, if she has given £100, he must say: بَذَلـْتُ مِائَةَ جُــنَـيْهٍ إِسْتَـرْلِـيْنِي [badhaltu miʾata junayhin istarlīnī] (‘I give £100’).

Mubārāt divorce

Ruling 2549. If a husband and wife do not want each other and have an aversion to each other and the wife gives some property to her husband so that he divorces her, this is known as a ‘mubārāt’ divorce.

Ruling 2550. If the husband wishes to say the formula, in the event that the name of his wife is Fāṭimah, for example, he must say:

بَارَأْتُ زَوْجَتِي فَاطِمَةَ عَلَىٰ مَا بَذَلَتْ

bāraʾtu zawjatī fāṭimah ʿalā mā badhalat

I give my wife Fāṭimah a mubārāt divorce upon accepting what she has given.

And based on obligatory precaution, he must also say:

فَهِیَ طَاِلقٌ

fahiya ṭāliq

And so she is divorced.

If the man appoints an agent, the agent must say:

عَنْ قِبَلِ مُوَکِّلِي بَارَأْتُ زَوْجَتَهُ فَاطِمَةَ عَلَىٰ مَا بَذَلَتْ فَهِیَ طَاِلقٌ

ʿan qibali muwakkilī bāraʾtu zawjatahu fāṭimah ʿalā mā badhalat fahiya ṭāliq

On behalf of my client, I give his wife Fāṭimah a mubārāt divorce upon accepting what she has given, and so she is divorced.

In both cases, there is no problem if instead of عَلَىٰ مَا بَذَلَتْ [alā mā badhalat] he says بِمَا بَذَلَتْ [bimā badhalat].

Ruling 2551. If possible, the formula of the khulʿ and mubārāt divorce must be said in correct Arabic. And in the event that it is not possible, the rule is the same as the rule for divorce, which was mentioned in Ruling 2526. However, there is no problem if the wife says the following in English, for example, for giving her property to her husband: ‘I give such and such property to you for divorce’.

Ruling 2552. If during the ʿiddah of a khulʿ or mubārāt divorce a wife declines to give the property to her husband, her husband can return to her and re-establish the marriage without a new marriage contract.

Ruling 2553. The property that a husband acquires in a mubārāt divorce must not be greater than the dowry; in fact, based on obligatory precaution, it must be less than the dowry. However, in a khulʿ divorce, there is no problem if it is greater than the dowry.
Chapter twenty-nine » Miscellaneous rulings on divorce → ← Chapter twenty-nine » Laws of returning to one’s wife
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