Chapter: Khulʿ (Dissolution for consideration)

If the two spouses become estranged and fear that they will not be able to observe the limits set by Allah, there is no objection to the wife ransoming herself with some property so that the husband dissolves the marriage. Once he does so, a single irrevocable divorce takes effect through khulʿ and the payment becomes obligatory upon her.

If the rebelliousness (nushūz) is on his part, it is disliked for him to take any compensation from her. If the rebelliousness is on her part, it is disliked for him to take from her more than what he had given her; yet if he does take it, the agreement stands in court.

Should he pronounce a divorce in return for money and she accepts, the divorce takes effect, the money becomes due from her, and the divorce is irrevocable.

If the consideration stipulated in khulʿ is invalid—for example, if a Muslim woman seeks khulʿ in exchange for wine or pork—the husband receives nothing and the separation is still irrevocable; whereas, if the consideration is invalid in an ordinary divorce, the divorce is merely revocable.

Whatever is valid as a dowry may likewise serve as consideration in khulʿ.

If she says, “Grant me khulʿ for whatever is in my hand,” he agrees, and there is in fact nothing in her hand, he is entitled to nothing. If she says, “Grant me khulʿ for whatever property I have in my hand,” and there is nothing in her hand, she must return her dowry. If she says, “Grant me khulʿ for whatever dirhams I have in my hand,” he agrees, and she has nothing, she owes him three dirhams.

If she says, “Divorce me three times for one thousand,” and he divorces her once, she owes one-third of the thousand. If she says, “Divorce me three times on condition of one thousand,” and he divorces her once, she owes nothing according to Abū Ḥanīfa.

Likewise, if the husband authorizes her, saying, “Divorce yourself three times for a thousand,” or “on condition of a thousand,” and she divorces herself only once, nothing is due from her.