Chapter on Khulʿ
Introduction
Khulʿ—when the khāʾ is read with ḍamma and the lām with sukūn, it functions as a noun; when the khāʾ is read with fatḥa, it is the verbal noun—derives from the root meaning “to remove a garment.” From this image comes the wife’s removal of the “garment” of her husband, of whom Allah the Exalted says, “They are a garment for you, and you are a garment for them” (Q 2:187). Hence one says, “He removed (khalaʿa) his garment,” meaning that he took it off; and, “The woman khālaʿat—or ikhtalaʿat—her husband” when she ransoms herself from him with her own wealth.

In the Sharīʿah it is defined as: the husband’s separation from his wife in return for compensation that he receives from her or from another party, effected through specific wording.

Its purpose is to release the wife from her husband in such a way that he has no right to take her back unless she consents and a new marriage contract is concluded.

The permissibility of khulʿ is founded upon the Quran, the Sunnah, and the consensus of the Muslim community. Allah the Exalted says, “There is no blame on either of them for what she gives to ransom herself” (Q 2:229). The forthcoming account of Thābit ibn Qays, God willing, and the unanimous agreement of the Ummah further confirm this ruling.

Khulʿ is valid from any husband whose pronouncement of divorce is valid, whether he possesses full legal capacity or is under financial interdiction (safīh), whether he is an adult or a discerning minor.

The compensation in khulʿ may be provided by the wife herself or by an outsider who is legally permitted to make a gratuitous gift; but if a person’s donation is not legally valid, his offering cannot serve as compensation, for it is a payment made without any corresponding property or benefit,