Khula' Divorce

2673. The divorce of a wife who develops an aversion from husband and hates him, and surrenders to him her Mahr or some of her property so that he may divorce her, is called Khula’ divorce.

2674. If the husband himself wishes to pronounce the formula of Khula’ divorce and his wife’s name is, say, Fatima, he should say after receiving the property: Zawjati Fatimatu Khala’tuha ‘ala ma bazalat Hiya Taliq (i.e. I have given Khula’ divorce to my wife Fatima in lieu of what she has given me, and she is free. The Hiya Talip is obligatory as a precaution.

2675. If a woman appoints a person as her representative to surrender her Mahr to her husband, and the husband, too, appoints the same person as his representative to divorce his wife, and if, for instance, the name of the husband is Muhammad and the name of the wife is Fatima, the representative will pronounce the formula of divorce thus: An muwakkilati Fatimah bazalat Mahraha li muwakkili Muhammad li Yakhla’aha ‘alayh. Then he says immediately: Zawjatu muwakkili khala’tuha ‘ala ma bazalat hiya Taliq. And if a woman appoints a person as her representative to give something other than Mahr to her husband, so that he may divorce her, the representative should utter the name of that thing instead of the word Mahraha (her Mahr). For example, if the woman gives 100 t., he should say: bazalat miati toman.