Khul' divorce
Khul’ divorce (Arabic: الطلاق الخلع) is a type of divorce when because of having no love toward the man, the woman gives the dowry or another property to him and divorces him. Khul’ divorce is a irrevocable divorce in which the man cannot return to the woman; i.e. during the 'idda period, he cannot make her his wife again without reciting the marriage formula. However, in khul' divorce, during the 'idda period, the woman can withdraw from her giving. In this case, like revocable divorce, the man can return to her.
Divorce
Lifting marriage bond is called divorce. Similar to marriage, divorce is carried out by reciting a formula;[1] but, opposite to marriage, it is among unilateral contracts and is only carried out by the man.[2] In Islam, divorce is legitimate and permissible;[3] but according to hadiths, it is the most disapproved permissible act before God.[4]
Definition
It is a divorce when because of having no love toward the man, the woman gives the dowry or another property to him and divorces him.[5] It is among irrevocable divorces.[6]
Difference between Khul' and Mubarat Divorces
Khul' and mubarat divorces are both irrevocable divorces, in which the man cannot return to the woman.[7] Also, contrary to rij'i divorce, in which only the man can divorce the woman, in these two types of divorce, divorce can take place with the settlement between the man and the woman. Some of the differences between khul' and mubarat divorces are as follows:
- In khul' divorce, only the woman has no love for the man; but, in mubarat divorce, both the man and the woman have no love for each other.
- In mubarat divorce, the property the woman pays for divorce should not be more than the dowry; however, in khul' divorce, it can be more.[8]
Rules
Some rules of khul' divorce are as follows:
- Some marja's have stipulated the condition that in khul' divorce, the woman's lack of love for the man should be so that there would be fear that the woman falls in sinning or would not do her duties toward the man.[9]
- The method and formula of khul' divorce is different from common divorce. In khul' divorce, after the woman or her agent gives up the dowry, the man or his agent recites the formula for khul' divorce. In formula of khul' divorce, the verb "khala'tu" خالَعتُ is used to suggest that it is khul' divorce.[10]
- Khul' divorce is among irrevocable divorces. Therefore, in khul' divorce, the man cannot return to the woman; i.e. he cannot make her his wife again without reciting marriage formula.[11]
- In khul' divorce, during 'idda period, the woman can withdraw from his giving. In this case, the same as rij'i divorce, the man can return and make the woman his wife again.[12]
Notes
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 356.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 97.
- ↑ Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt, vol. 5, p. 194.
- ↑ Kulaynī, al-Kāfī, vol. 6, p. 54.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 529, 533.
- ↑ Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt, vol. 3, p. 482.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 227.
- ↑ Khomeini, Taḥrīr al-wasīla, vol 3, p. 632.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 529, 533.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 529, 534.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 227.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 536-537.
References
- Kulaynī, Muḥammad b. Yaʿqūb al-. Al-Kāfī. Edited by ʿAlī Akbar Ghaffārī. 4th edition. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH.
- Khomeiniī, Sayyid Rūḥ Allāh. Tawḍīḥ al-masāʾil (muḥashā). Edited by Sayyid Muḥammad Ḥasan Banī Hāshimī Khomeinī. 8th edition. Qom: Daftar-i Intishārāt-i Islāmī, 1424 AH.
- Khomeini, Sayyid Rūḥ Allāh. Taḥrīr al-wasīla. Translated to Farsi by ʿAlī Islāmī. edition 21. Qom: Daftar-i Intishārāt-i Islāmī wābasti bi Jāmiʿa-yi Mudarrisīn-i Ḥawza-yi ʿIlmīyya-yi Qom, 1409 AH.
- Mishkinī, ʿAlī. Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl. 1st edition. Beirut: Manshūrāt al-Riḍā, 1431 AH.
- Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī. Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt. 1st edition. Qom: Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, 1392 Sh.