Rafed English

Khula' Divorce or Talaqul Khula'

Khula' Divorce or Talaqul Khula'

2535. The divorce of a wife who develops an aversion from husband and hates him, and surrender to him; her Dower or some of her property so that he may divorce her, is called Khula' Divorce. The hatred must have reached a proportion where she would not allow him conjugal rights.

2536. If the husband himself wishes to pronounce the formula of Khula' divorce and his wife's name is, say Fatima, he should say after receiving the property; (Zawjati Fatima Khala'tuha ala ma bathalat) and he should also say as recommended precaution; (Hiya Taliqu) i.e, (I have given Khula' divorce to my wife Fatima in lieu of what she has given me, and she is free), And if the wife is identified, it is not necessary to mention her name in 'Talaqul Khula' and also in Mubarat Divorce.

2537. If a woman appoints a person as her representative to surrender her Dower to her husband, and the husband, too, appoints the same person as his representative to divorce his wife, and if, for instance the name of the the husband is Muhammad and the name of the wife is Fatima, the representative will pronounce the formula of divorce thus: (Inna muwakkilati Fatima Bathalat mahraha li muwakkili Muhammad li Yakhla'aha alayh). Then he says immediately: (Zawjatu muwakkili khala'tuha 'ala ma Bathalat hiya Taliqu).

And, if a woman appoints a person as her representative to give something other than the Dower to her husband, so that he may divorse her, the representative should utter the name of tha thing instead of the word (Mahraha) (her Dower), For example, if the woman gives $500 he should say (Bathalat khamsa mi'ati Doller).

Mubarat Divorce

2538. If the husband and the wife develop mutual aversion and hatred and the woman gives some property to the man so that he may divorce her, this divorce is called 'Mubarat'.

2539. If the husband wishes to pronounce the formula of Mubarat, and the for example, his wife's name is Fatima he should say: (Bara'tu zawjati Fatima ala ma bathalat), And as an obligatory precaution, he must add: (Fahiya Taliqu), that is (My wife Fatima and I separate from each other in consideration of what she has given me. Hence, she is free). And if he appoints someone as his representative, the representative should say:(Anna quibali muwakkili bara'tu zawjatahu Fatima ala ma bathalat Fahiya Taliqu). And in other case, if he says: (Bima bathalat) instead of the words "ala ma bathalat" there is no harm in it.

2540. It is necessary that the formula of Khula' or Mubarat divorce is pronounced in the correct Arabic. And if that is not possible, then the rule explained in 2515 will apply. However, if for the sake of giving her property, the wife ways in English or any language that (I give you such and such property in lieu of divorce) it will be sufficient.

2541. If during the waiting period of Khula' or Mubarat divorce the wife changes her mind and does not give her property to the husband, he can take her back as a wife without reciting the formula of marriage.

2542. The property which the husband takes in Mubarat divorce should not exceed the Dower of the wife. But in case of Khula' divorce, there is no harm if it exceeds her Dower.

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