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Khulʿ (Arabic: خلع), also called khula, is a procedure based on traditional jurisprudence, that allows a Muslim woman to initiate a divorce [1] by returning the mahr and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree, depending on the circumstances.
A khul' is concluded when the couple agrees to a divorce in exchange for a monetary compensation paid by the wife, which cannot exceed the value of the mahr she had received, and is generally a smaller sum or involves forfeiting the still unpaid portion. [12] Hanafis and Malikis do not require a compensation paid by the wife. [2]
Mahr (donatio propter nuptias) [45] differs from a marriage dowry or gift, in that it is mandatory for a Muslim marriage and is paid by the groom to the bride. The amount of money or possessions of the mahr is paid by the groom to the bride at the time of marriage for her exclusive use. [46]
Mahr is the total money or property that the husband is required to give the wife at the time of marriage . The two types of mahr are the prompt mahr which is given to the wife soon after the marriage, and the deferred mahr, which is given to the wife when the marriage has ended, either due to the death of the husband or by divorce. [14]
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The deferred mahr is considered a debt owed by the man to the woman, and is owed even if he has no assets. [22] [23] Divorce under Islamic law may take many forms. If a woman wishes to divorce her husband she has two options: seek a tafriq, or seek a khulʿ. A tafriq is a divorce
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