| Right to Divorce (Khul...
Initiated by the Woman)
Quran
Sūrah An Nisa 4:128
"If a
woman fears ill-treatment or desertion on the part
of the husband, it shall be no offense to seek mutual agreement (to
separate); for agreement is better
(than strife). Man is prone to avarice but
if you do what is right.... God will know."
Sūrah Al-Baqarah 2. 230
And women have rights similar to the rights against them, according to
what is equitable.
Sūrah Al-Baqarah 2. 229
There is no blame on either of them if she gives something up for her
freedom.
Sūrah Al-Baqarah 2. 231
Do not retain them against their will in order to hurt
Sūrah Al-Baqarah 2:241
"Reasonable provision should be made for the divorced woman. This is
incumbent on righteous men"
Sūrah An Nisa 4:19
It is not lawful for you to try to
hold your wives against their will, and neither shall you keep them under
constraint with a view to taking away anything of what you may have given
them, unless it be that they have become guilty of immoral conduct in an
obvious manner. Consort with
wives in goodly manner; for if you dislike them, it may well be that you
dislike something which God might yet make a source of abundant good.
Sūrah An Nisa 4.20
But if you desire to give up a wife
and to take another in her stead, do not take away anything of what you
have given the first one, however much it may have been.
Would you, perchance take it away by slandering her and thus
committing a manifest sin.
Sūrah An Nisa 4:35
"If you fear a breach between a man and his wife, appoint an arbiter
from his side and one from hers. If they wish to be reconciled, Allah will
bring them together again."
Another check is the compulsory waiting
period of three lunar months. Many
a reconciliation is known to have taken place during this period because
the wife is to stay in the husband's home in the waiting period; human
nature being what it is, it is difficult to live in close proximity with
the woman who was once a wife and yet hold on to the resolve of the
divorce, unless the issue is really serious.
The Islamic code is a marvelous blend of
fair play and pragmatism. A provision which virtually eliminates the
possibility of a crooked divorce, being used only as a ruse to humble the
wife. If a man wishes to remarry his divorced wife, he can do so, the law
says; but only after she has married someone else and has had marital
relations with him: This condition puts the male ego under such a severe
strain that no one play-acts a divorce scene.
Ahadith about Khul (paraphrased)
Ibn Abbas narrated that the wife of Thabit
ibn Qais went to the Prophet (saaw) and said that she did not reproach Thabit in
respect of character or religion, but does not want to be guilty of
infidelity regarding Islam. The
Prophet asked her if she would return his garden, when she agreed, he
asked Thabit to make a declaration of divorce.
(Bukhari)
Barirahs husband Mughith loved her but
she did not love him. The
Prophet (saaw) asked her to return to him.
She asked him if he was ordering her to do so.
When he said that it was not an order, she refused to return to
him, as she did not need him, and the Prophet (saaw) asked the husband to
accept the divorce. (Bukhari)
Jamilah bint Ubaiy ibn Salul went to the
Prophet (saaw) and said that she did not dislike her husband for any fault
in his character or deen, but disliked his ugliness.
The Prophet (saaw) asked her to return his gift and asked the
husband to accept the divorce. (Bukhari)
Habibah bint Sahl al-Ansariah went to the
Prophet (saaw) and said she did not want to live with her husband.
He asked her to return whatever he had given her and asked the
husband to accept the divorce. (Malik
and Abu Dawood)
A woman brought her case to Caliph Umar
(raa), he
ordered her to stay with her husband, she refused.
He locked her in a filthy room for 3 days.
After 3 days he asked her if she would return to her husband, she
refused again saying that she had known peace for only these 3 days.
On hearing this he asked her husband to accept the divorce.
(Kashf al Ghummah)
Rubbaiyi bint Muawwidh inb Afra tried
to get khul from her husband in exchange for all her wealth, but he did
not agree. The case was
brought before Caliph Uthman (raa) and he ordered him to leave her.
(Fath al Bari
Abdur Razzaq)
Note: Men cannot ask women to give
this right up as a condition of nikah.
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