When is the khul’ without compensation?

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When is the divorce without compensation? With the increase in marital disputes, many couples have resorted to khul’, as many of them believe that khul’ is the best decision to end marital disputes, especially when one of the parties does not wish not divorce. of the peoples of the world in recent times, and in this article from Nazrati magazine, we learn when khul’ is uncompensated, and the opinions of scholars on khula without compensation.

Is the khul’ without compensation?

Khul’ is a request for divorce from the wife in return for compensation by her to the husband, and khul’ takes place in the event that certain conditions are met, and khul’ is a branch of divorce, but it differs in that the wife is the one who seeks a divorce with payment of compensation to her husband in exchange for the khul’, and scholars have deferred Islam to determine whether the khul’ is without compensation, and in the following lines on the differences in that question :

  • Some scholars are of the opinion that khul’ is valid in some cases without compensation, and proof of the statement of Shaykh al-Islam, may God have mercy on him: “Khulu’ is valid without compensation, and Baynunah is either a a divorce or an annulment according to one of the two sayings.
  • And Shaykh Ibn Uthaymin, may God have mercy on him, said: (And if he divorced without compensation or with a mahram, it is not valid) because of the saying of the Almighty: (they have not no blame for what she is ransoming with). No redemption, that’s the doctrine.

See also: What are the conditions for divorce in Saudi Arabia?

When is the khul’ without compensation?

Khul’ is known as separation or parting i.e. when the wife separates from her husband and divorces in exchange for payment. Khul’, and Islamic scholars have allowed khul’ without compensation in certain cases, which are as follows:

  • If the husband is ill and cannot establish intimate relations with his wife, then the wife can file for divorce without compensation.
  • If the husband hates his wife very much, and the best solution would be to ask for the khul’, in which case the khul’ takes place without compensation.
  • If the wife is subjected to humiliation, beatings and torture by her husband and he does not wish to divorce, then in this case she can seek khul’ without compensation.
  • If the husband is bewildered, buys alcohol and takes drugs, which negatively affects his wife’s family, then the wife has the right without compensation.

See also: Saudi Ministry of Justice Divorce Proof 1443

Divorce Judgment in Islam

Khul’ is the removal of the coercion of marriage by the word khul’, and here the wife is required to pay a quid pro quo for the khul’ to take place, and there are cases where the khul’ is without compensation.

When does khul' without compensation 1

  • الدليل على مشروعيته في الكتاب، قال الله تعالى في محكم تنزيله: “وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا”.
  • Proof of his legitimacy in the Sunna: (The wife of Thabit bin Qais bin Shammas, may God be pleased with him, came to the Prophet, may the prayers and peace of God be upon him, and said: O Messenger of God, he is Thabit, I don’t blame him in morals or religion, but I hate disbelief in Islam. He, peace and blessings be upon him, said to him, “Are you answering him?” His garden?” She said, “Yes, O Messenger of God.” He said, “He’s divorced.”

Conditions of divorce in Islam

Islamic law defines the conditions of khul’, on the basis of which khul’ is performed correctly. In the following we discover the conditions of khul’ in Islam:

When is the khul' without compensation?

  • The divorce must be accompanied by the consent of the husband.
  • In addition, the husband must be of sound mind and fully consent to his wish to divorce.
  • Also, the marriage contract must be valid, and it must have taken place in the presence of the legal representative and witnesses.
  • The divorce must be pronounced by the husband in the legal form.
  • In addition, the divorce must take place with the consent of both spouses.
  • In addition, the woman must pay the counterpart of the khul’, whether in cash, in kind or as a benefit.

Opinions of scholars on khul’ without compensation

Scholars differed on the issue of khul’ without compensation and compensation, many of them compelled the wife to pay compensation to the husband, and some went after the validity of khul’ without compensation, while some scholars allowed khul’ without compensation, and the opinions of scholars came as follows:

Al-Saadi, may God have mercy on him, said: “As for the khul’, as they said: it must be a mosquito. Because it is its pillar on which it is built, and if there is deprived, then it is not khul’, but rather it is a revocable divorce if he wanted it.

Ibn Taymiyyah – may God have mercy on him – said: “Scholars have differed on the validity of khul’ without compensation based on two views, which are two accounts of Ahmad, one of them: as the words of Abu Hanifa and al-Shafi’i, and it is the choice of most of his companions – which means: it is not valid, and the second: it is valid as well known in the school of thought of Malik, and it is the choice of al-Kharqi. on this saying, he must understand by the word khul ‘divorce, and an irrevocable divorce takes place there, which is not a cancellation according to both accounts, which was stipulated by Ahmad.

See also: Steps to file a request for proof of divorce and required documents, Department of Justice 1443

We have come to the end of the article, and in this one we have introduced you to when divorce is without compensation. We have also put for you between the lines the rule and conditions of divorce in Islam, and the opinions of Islamic scholars on divorce without compensation. compensation.

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