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The question

Is a wife entitled to Khulʿ for the following reasons: not feeling inclined towards her husband, his lack of a spirit of partnership, his view of marriage as merely a means of procreation, intellectual incompatibility, and the husband's negativity in most matters?

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

If a wife dislikes her husband due to his character, appearance, religious commitment, old age, or weakness, and fears that she will not fulfill Allah's rights in obeying him, she is permitted to seek khul' (divorce at the wife's instance, by returning the dower or giving compensation) in exchange for compensation. This is based on the Almighty's saying: "Then if you fear that they would not adhere to the limits of Allah, there is no blame upon them for what she gives in return." However, mere lack of inclination towards the husband or incompatibility is not a justification for khul', and there is a difference of opinion regarding its ruling: some say it is disliked, while others say it is forbidden. For a woman who seeks khul' without hatred and fear of not adhering to Allah's limits, it is disliked for her to do so, but the khul' is considered valid by the majority of scholars. The evidence for the prohibition of khul' without need is the Almighty's saying: "And it is not lawful for you to take anything of what you have given them, unless both fear that they will not adhere to the limits of Allah," and the Prophet's (peace be upon him) saying: "Any woman who asks her husband for divorce without any [valid] reason, the scent of Paradise will be forbidden to her."

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
79055
Imported
Translation status
Source text, unreviewed
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