Back to search
The question

Is a divorce that takes place after the wife waives her rights to her husband in exchange for the divorce, and the husband's intention was not to deprive the wife of her rights, considered a revocable or an irrevocable divorce? And in this case, does the ruling depend on the husband's intention or the wife's?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Khul‘ is valid when the wife waives her rights, such as deferred dower, maintenance, and custody. According to the majority of scholars, it is valid if he grants her khul‘ on the condition that she absolves him of his rights, takes custody of the child, and does not demand maintenance from him.

If the wife waives her rights and the husband divorces her: 1. If he responds immediately, khul‘ and irrevocability occur. 2. If he does not respond immediately and divorces her later, it is a revocable divorce, and her rights remain.

It must be noted that if the husband harms his wife to compel her to seek khul‘, for example, by beating her or withholding her rights, then khul‘ is not valid, and a revocable divorce occurs, due to the impermissibility of taking compensation in such a case.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
4439
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy