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 Chapter 07 - Khul'a

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Chapter 07 - Khul'a Empty
PostSubject: Chapter 07 - Khul'a   Chapter 07 - Khul'a EmptyThu May 30, 2013 11:31 am



Khul'a (318)
(Divorce at the Wife's instance by giving a payment to the husband)

318. Takes place when the woman is unhappy in her marriage. due to the husband's bad appearance or manners etc.., and wishes to be separated from him. So, separation between them takes place in return for rernuneration given to the husband. She gives this amount of money upon who ich they agree (or gives him back his dower, or gives up all her financial rights, etc.. depending on the kind of agreement they make to let him release or divorce her.

1100. Ibn 'Abbas radiyallahu anhu narrated, 'The wife of Thabit bin Qais came to the Prophet Sallalahu aleihi wa and said, '0 Messenger of Allah! I have no complaint against Thabit in terms of his religion or morals, but what I fear is falling into disbelief after coming to Islam (what she means is being ungrateful to her husband as she is not satisfied). The Messenger of Allah Sallalahu aleihi wa said to her, "Will you give him back his garden?" She said, 'Yes.' The Messenger of Allah Sallalahu aleihi wa said to him (the husband), "Take back the garden and make a single pronouncement of divorce (i.e, divorce her once)." Related by Al-Bukhari. In another version by Al-bukhari, 'and he commanded him to divorce her.'

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1101. Abu Dawud and At-Tirmidhi transmitted that the wife of Thabit, bin Qais asked for Khula from her husband and the Messenger of Allah Sallalahu aleihi wa told her to wait for a single menstruation (as her Iddah).

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1102. 'Amro bin Shuaib narrated on the authority of his father on the authority of his grandfather radiyallahu anhu that Thabit bin Qais looked very ugly and his wife said, 'If it was not for the fear of Allah, I would have spat on his face when he entered my place.' (319) Related by Ibn Majah .

319. She said in another narration, that she saw him walking among his companions, and found that he had the darkest s kin, he was the shortest and the most ugly, so she feared Allah in treating him badly or not giving him his rights and that is why she asked for Khul'a

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1103. Ahmad transmitted on the authority of Sahl bin Abi Hathmah, 'It was the first Khul'a in Islam.'

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Chapter 07 - Khul'a
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