Question on Khula v Divorce

Answered by Mufti Muhammad ibn Adam, Leicester (UK)

QUESTION: Would this statement be acceptable? "I give my self to you in wedlock and under any condition I have a right to divorce my self"

ANSWER:

Waalaykum Assalam

Yes, if the offer was initiated by the woman and the man accepted this, then she will have the right to divorce herself whenever she wishes. It is stated in Khulasat al-Fatawa:

"If a man married a woman on the condition that she will have the right to divorce in that she can divorce herself whenever she desires, divorce will not take place and she will not have this right to divorce. However, if the offer was initiated by the woman in that she said: "I give my self to you in marriage on the condition that I may divorce my self whenever I wish and the man accepted this, then she will have this right and will be able to divorce herself whenever she desires(2/29).

The same has been mentioned by Ibn Nujaym in his Bahr al-Ra'iq (3/318) and

Ibn Abidin in his Radd al-Muhtar (2/285).


Therefore, the statement mentioned in the question will be valid provided the offer is initiated by the woman and the husband accepts this.

And Allah knows best

Muhammad ibn Adam al-Kawthari, UK

[Source: SunniPath]


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