The author, may Allah have mercy on him, then mentioned the grounds for khulʿ, saying:
“If she dislikes her husband’s character, his physical appearance, or some deficiency in his religious commitment, or fears committing sin by failing to fulfil his rights, khulʿ is permissible. Otherwise, it is disliked, though it takes effect, ...”
His words, “If she dislikes her husband’s character or physical appearance”: khuluq means character—pronounced with an u sound in both syllables. Some scholars have defined it as the inward disposition by which a person’s conduct is governed. Khalq, by contrast, means one’s outward form or physical appearance. If a person’s inward disposition is sound, he will have good character, because it is this disposition that directs his conduct.
His words, “or some deficiency in his religious commitment,” mean a deficiency that does not reach the level of disbelief, such as being negligent regarding the congregational prayer, smoking tobacco, shaving the beard, and the like. But if it reaches the level of disbelief, then khulʿ in this case is obligatory: she must separate from him by whatever means she can. The Muslims who know of her situation must also rescue her from him with money if, for example, her husband does not pray. In such a case, if she were to take him before a judge, she would most likely gain nothing, because the judge would require her to produce evidence that he does not pray. Establishing evidence for a negative is exceedingly difficult, unlike establishing evidence for an affirmative, which is easy because it can be observed. No one can say, “I testify that so-and-so does not pray,” for he may pray in his home, in another mosque, or at a friend’s house.
Thus, if we know that the woman is telling the truth and that the husband has demanded a certain sum of money in return for separating from her, then it is our collective duty to deliver her from him. A Muslim woman remaining under a disbeliever is prohibited by the Quran, the Sunnah, and scholarly consensus. She cannot remain with that disbelieving man while he takes sexual pleasure in her.