Divorce and its provisions between Sharia and law

Abstract

This research examines the Islamic legal concept of Khul‘ (divorce initiated by the wife in return for compensation) by presenting its definitions, rulings, evidences, forms, conditions, and legal effects as discussed by the four Sunni schools of jurisprudence, with a particular focus on the Ḥanafī school. The study also analyzes modern legal applications of Khul‘ in contemporary personal status laws. It explores key issues such as the legitimacy of Khul‘, its wording, timing, essential elements, the nature of the compensation (‘iwad), the distinction between Khul‘ and divorce for payment, and the consequent legal effects. The research provides a comparative analytical approach supported by textual evidences and juristic opinions, highlighting the role of Khul‘ as a legitimate mechanism for resolving marital discord and removing harm in accordance with the objectives of Islamic law.