Khul' (divorce by payment from the wife)

الخلع

Khul' tends to mean the wife giving a consideration for her divorce; its wording for the Shafiis and Hanbalis is explicit or allusive: the explicit words are khul' and its derivatives, and the word for ransom, from its use in the Quran; the Hanbalis add faskh, which is literal for it; allusive words include "I have cleared you" and "I have divorced you". ¹ Disputes: if the husband says khul' and the wife denies, the separation stands by his admission, the consideration remains disputed and her word is accepted with an oath by the Malikis, Shafiis and Hanbalis; if she claims khul' and he denies, it does not take effect. If they agree on khul' and dispute the sum, the kind, the due date or the form, her word is preferred by the Hanafis and Malikis, while one Hanbali report prefers the husband, since the marriage goes out of his right. ¹² Shafii: when two proofs conflict, the parties swear as in sale, and the wife owes the dower of the like if the consideration fails. ²