اقْبَلِ الْحَدِيقَةَ، وَطَلِّقْهَا تَطْلِيقَةً
“Take back the garden (given as the dower) and divorce her with one pronouncement.”
Benefits:
The background of this hadith is that the wife of Thabit bin Qais, Jamilah, said to the Messenger of Allah ﷺ: “O Messenger of Allah! I do not find any fault in Thabit bin Qais’s character and religious values, but I cannot bear him, and I also do not want to commit ingratitude (kufran-e-ni’mat) while remaining in Islam.” The Messenger of Allah ﷺ said: “Are you willing to return the garden given to you as dower?” She said: “Yes.” After that the Messenger of Allah ﷺ said (to Thabit): “Take back the garden and release her.” So he took back the garden and released her.
Khula’ is the name of separation initiated by the woman. A woman should demand separation from her husband on a reasonable ground, because the Messenger of Allah ﷺ said:
“A woman who asks her husband for separation without any reasonable reason, the fragrance of Paradise is forbidden to her as well.”
The circumstances in which a woman is justified in seeking khula’ are as follows:
• She dislikes her husband because of his appearance, character or religious values.
• Because of his being too old, being weak, or lacking the capacity to endure.
Since this is a personal matter of the woman, if she is intelligent and discerning, she is not bound to seek permission from her parents or brothers. The marriage ends as soon as the decision of khula’ is made. Her waiting period (iddah) is one menstrual cycle (haid). After completing the waiting period, she may enter into a second marriage.
