Ruling 2546. The divorce of a wife who is not fond of her husband and has an aversion to him, and gives him her dowry (mahr) or some of her other property so that he divorces her, is known as a ‘khulʿ’ divorce. In a khulʿ divorce, it is a requirement that the wife’s aversion to her husband be at such a level that it is a threat to her fulfilling her marital duties.

Ruling 2547. If the husband wishes to say the formula of a khulʿ divorce himself, then, if the name of his wife is Fāṭimah, for example, he must say the following after the property has been given:

زَوْجَتِيْ فَاطِمَةُ خَلَعْتُهَا عَلَىٰ مَا بَذَلَتْ

zawjatī fāṭimah khalaʿtuhā ʿalā mā badhalat

I give my wife Fāṭimah a khulʿ divorce upon accepting what she has given.

And based on recommended precaution, he should also say:

فَهِيَ طَالِقٌ

fahiya ṭāliq

And so she is divorced.

In case the wife is specified, it is not necessary to mention her name. The same applies in a mubārāh divorce [the laws of which will be mentioned later].

Ruling 2548. If a wife appoints an agent to give her dowry to her husband, and the husband appoints the same person to divorce his wife, in the event that the name of the husband is Muḥammad, and the name of the wife is Fāṭimah, for example, the agent must say the formula of the divorce in the following manner:

عَنْ مُوَکِّلَتِيْ فَاطِمَةَ بَذَلْتُ مَهْرَهَا لِمُوَكِّلِيْ مُحَمَّدٍ لِيَخْلَعَهَا عَلَيْهِ

ʿan muwakkilatī fāṭimah badhaltu mahrahā limuwakkilī muḥammad liyakhlaʿahā ʿalayh

On behalf of my client Fāṭimah, I give her dowry to my client Muḥammad so that he gives her a khulʿ divorce upon accepting it.

After that, the agent says:

زَوْجَةُ مُوَکِّلِيْ خَلَعْتُهَا عَلَىٰ مَا بَذَلَتْ فَهِيَ طَالِقٌ

zawjatu muwakkilī khalaʿtuhā ʿalā mā badhalat fahiya ṭāliq

I give my client’s wife a khulʿ divorce upon accepting what she has given, and so she is divorced.

If the wife appoints an agent to give something other than her dowry to her husband so that he divorces her, then instead of saying مَهْرَهَا [mahrahā], he must mention the property. For example, if she has given £100, he must say: بَذَلْتُ مِائَةَ جُنَيْهٍ إِسْتَرْلِيْنِيْ [badhaltu miʾata junayhin istarlīnī] (‘I give £100’).