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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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