1. The situation in which the wife initiates divorce proceedings is known as Khul'a. Once the husband agrees to divorce her in exchange for some money or the remission of her dower, the divorce is known as Talaq. It is valid as the Talaq given by the man of his own initiative. Khul'a depends upon the agreement reached between the two parties. If the husband agrees to give Talaq provided that his wife either abandon her right to the dower (if the dower has not yet been paid) or return back the amount of the dower to the husband (if the dower had been paid). In the time of the Prophet (SAWS), the wife of Thabit bin Qais (RA), asked for Talaq from her husband because she did not like him. The Prophet (SAWS) asked her to return back to him the garden he gave to her at the time of marriage as dower. She accepted this demand and got the Talaq.
2. Once the husband agrees to Khul'a, he is asked to pronounce TALAQ in exchange for the above-mentioned.
|
