Khulu In Islam
Khulu is divorce on the instance of the wife’s request in Islam, who must pay her husband compensation in order for him to accept divorcing her.
If marriage were not based on love, affection, comfort, and agreement between the two spouses, life then would turn into misery rather happiness and comfort. Marriage, in such a case, would no longer be harmony, peace of mind, and comfort, but rather hardship and adversity.
If one of the spouses hated the other or doesn’t trust him, there would be no hope for marriage continuation.
Allah (subhanahu wa taala) states in Quran Sura Nisa (4:19):” On the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good”.
Islam legalized khulu however when life with the other spouse becomes unbearable. Of course, divorce normally is a right to the husband; therefore, he can issue it when he feels fit.
However, if the wife hates the life with her husband and could no longer take it, then, in such a case, she may demand divorce by the process of Khulu, paying the husband compensation for what he had already paid her in order to terminate the marriage.
This is justice in the best form, we believe.
A husband paid the dowry, bore the marriage expenses, and paid other expenses as well.
Allah (subhanahu wa taala) states in Quran Sura Baqarah (2:229):” It is not lawful for you, [men], to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah.
If ye [judges] do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she gives something for her freedom.
These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong [themselves as well as others]”.
Islam aims at preserving people’s honor and dignity. Islam also aims to protect and secure society by closing all doors for possible social corruption. The presence of a husband with a woman whom he does not like, and vice versa, would very likely lead to suspicious and unlawful relationships.
Therefore, Islam legalized divorce.
The evidence for that from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allah be pleased with him) came to the Prophet (peace and blessings of Allah be upon him) and said, “O Messenger of Allah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.”
The Prophet (peace and blessings of Allah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr.
She said, “Yes.”
The Prophet (peace and blessings of Allah be upon him) said to Thaabit: “Take back your garden, and divorce her.”
(Narrated by al-Bukhaari, 5273).
Allah (subhanahu wa ta’ala) states in Quran Sura Nisa (4:130):” But if they disagree [and must part], Allah will provide abundance for all from His All-Reaching bounty: for Allah is He that careth for all and is Wise”.