5. A RELEASE FOR PAYMENT FROM THE WIFE (KHUL’)
(A release for payment means a separation in return for remuneration given to the husband (which is a finalized cancellation of the marriage agreement, differing from a threefold divorce by the fact that they may remarry in such a case without her marrying another husband first.
A release for payment is valid from any person whose divorce is valid.
Release is offensive except when:
1. the husband or wife fear they will not be able to keep within Allah’s limits (i.e. those that Allah Most High has made obligatory upon them) while the marriage lasts;
2. or when the husband swears that a threefold divorce is incumbent upon him if he performs some action, but then finds he needs to do it (since he cannot clear himself from the oath without giving her a release), so he releases her, marries her (with a new agreement, a new marriage payment (mahr), and upright witnesses), and then does the act on which the divorce was conditional (though it is fitter to do it before the new marriage, as the oath is nullified as soon as they are unmarried), for then its performance does not necessitate a threefold divorce.
If the husband is foolhardy (meaning suspended by the court from dealing in his own money because of chronic carelessness). his granting a release is valid. though his guardian accepts the compensation.
A release for compensation is not legally valid from a wife who is foolhardy.
A release is validly affected by both the words for divorce and the words for release. such as “You are divorced for a thousand,” or “I release you for a thousand,” and if the wife says “I accept, then she is separated from him and she owes him the thousand. She is also released when the husband says, “If you give me a thousand, you are divorced.” and then she gives him it, or when she says. “Divorce me for a thousand,” and he says, “You are divorced,” in which case she is released and owes him the thousand.
Anything that may be used as a marriage payment may be used as recompense for a release. If a husband releases his wife for something not determinately known or without lawful value such as wine, then she is released in exchange for the amount typically received as marriage payment by women like her.
A release enacted by words that effect it is a divorce in plain words (in not needing the intention, (in having a waiting period) and in being a finalized cancellation of the marriage, though as previously mentioned, the partners may remarry each other (even if before the end of the waiting period) without the wife first having to marry another).
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
Comments
John Doe
23/3/2019Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
John Doe
23/3/2019Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
John Doe
23/3/2019Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.