𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (497)

Does Khulʿ Require the Husband’s Approval? Question: Does khulʿ (divorce initiated by the wife with compensation) take place without the husband’s consent? Sheikh Yahya ḥafidhahullāh: Khulʿ occurs when matters between a man and his wife are no longer sound—when she does not want him. Allāh says: “And if you fear dissension between the two, send an arbiter from his people and an arbiter from hers; if they both desire reconciliation, Allāh will bring about harmony between them.” If she does not want him—even if he wants her—she may seek khulʿ, whether he consents or not. The essential condition is that she returns to him his mahr. The wife of Thābit ibn Qays said: “O Messenger of Allāh, I do not fault Thābit in character or in religion.” Thābit ibn Qays—may Allāh be pleased with him—is one who was given glad tidings of Paradise; he possessed good character and strong faith, though some said he had an unattractive appearance—Allāh knows best. Remaining with him did not please her, so she wanted separation. The Prophet asked: “Will you return to him his garden (given to her as mahr)?” She replied: “Yes.” He then said: “Separate from her,” and in another narration: “Divorce her.” Whether he wished to or not, the wording of the hadith does not indicate if he wanted her or not—but in any case his desire is not a condition regarding khulʿ. Just as a husband may divorce even if the wife wishes to remain with her husband, Allāh has granted the wife a means as well: if she does not want him, she may seek khulʿ by returning the mahr he gave her. https://t.me/womensbenefits/1235