نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Marriage is a contract that is concluded with the consent of the contracting parties and its end is often in the form of divorce, which is a one-sided decision on the part of the husband. However, Islamic law has legislated a way through which a spouse can divorce her husband by paying a compensation, which is called Khula. Now the question arises: if the wife is willing to pay such compensation [dowry or otherwise] to her husband is the husband obligated to accept it and forced to accept the Khula? A group of Maliki jurists, some Hanbali jurists, and some Shia jurists, citing some of the traditional evidence, consider the husband obligated to accept the wife's request. In contrast, the majority of Islamic jurists [all Hanafi jurists, all Shafi'i jurists, and most Maliki, Hanbali, and Imami jurists] believe that the religious texts argued by the first group do not imply the obligation to accept the husband's Khula, and that those texts ultimately lead to istihbab. In addition, there are other religious texts that clearly negate the obligation for a husband to accept a request for Khula from his wife. This research, which was conducted using a descriptive-analytical method and based on library sources and after examining the opinions and evidence of both sides, it has been concluded that the opinion of the majority of Islamic jurists is correct and that requiring the husband to accept the divorce is incorrect.
کلیدواژهها English