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Khulʿ in Islam: No Requirement of a Judge or Ruler

❖ Khulʿ Does Not Require the Ruler or a Judge​


Written by: ʿImrān Ayyūb Lāhorī


❀ Ruling​


Khulʿ (divorce initiated by the wife in exchange for compensation) does not require the judgment of a ruler or a qāḍī (judge).


  • ʿUmar ibn al-Khaṭṭāb رضي الله عنه declared khulʿ valid without the order of a ruler or judge.
    [Bukhārī, before ḥadīth no. 5273, Kitāb al-Nikāḥ: Bāb al-Khulʿ]
  • Ibn Qudāmah رحمه الله states:
    For khulʿ, there is no need for a judge’s decision.
  • The four Imāms (Abū Ḥanīfah, Mālik, al-Shāfiʿī, Aḥmad) are also of this opinion.
  • Likewise, Imām al-Zuhrī, Imām Shurayḥ, and Imām al-Ḥaqq held the same view.
    [al-Mughnī 10/267]
 
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