Abstract:
Some Imami jurists have proposed a type of divorce under the title of 'ransom divorce' or 'divorce for compensation' alongside khul' divorce. They believe that such a divorce is also valid and has legal effect due to the generalities and implications of primary evidence, such as the verse 'Fulfill [all] contracts,' the principle of freedom of contract, and the jurisprudential rule 'Believers are bound by their conditions,' as well as the validity of the theory of conditional unilateral acts. The compensation and ransom received in the process becomes the property of the man. In terms of essence, it must be said that unlike khul', in 'divorce for compensation,' there is no requirement of dislike toward the husband and the use of the word 'khul'' in the divorce formula; the ransom and compensation are not part of its essence, and the woman, after separation, does not have the right to claim the compensation back. However, the husband can return to his previous life with her before the completion of the 'iddah' (waiting period), and for this reason, from a legal structure perspective, this type of divorce is a type of revocable divorce (raj'i), unlike khul'. Accordingly, considering the primary verbal and practical principles in divorce, the revocable nature of divorce for compensation is also established. From a jurisprudential and legal standpoint, divorce for compensation can be justified through an independent unspecified contract, stipulating compensation within the divorce, stipulating divorce within a binding contract, ja'ala (commission) for divorce, settlement (sulh), and compensated gift (hibah mu'awadah) for divorce.
Machine summary:
com"/> Abstract Some Imami jurists have proposed a type of divorce under the title of redemption divorce or divorce for compensation, alongside Khul' divorce, and believe that such a divorce is also valid and has legal effect due to the generalities and implications of primary evidences such as the verse "اوفوا بالعقود" (Fulfill [your] contracts), the principle of freedom of contract, the jurisprudential rule "المؤمنون عند شروطهم" (Believers are bound by their conditions), and the validity of the theory of conditional unilateral acts; furthermore, the compensation and ransom received in its process becomes the property of the man.
Sayyid Abul Hasan Isfahani, in this regard, writes: "It appears that in a compensatory gift, the compensation can be an act of settlement (sulh); meaning, one may condition that in exchange for the gift, he shall settle with her regarding a certain right or property, or in return, grant him a discharge (ibra') from a right he holds against him, or perform a task such as tailoring or making a ring for him.
Muhaqqiq Khoei, regarding the application of divorce for compensation to the contract of settlement, states: "If the wife does not have aversion or hatred toward the husband, Khul' divorce will not be valid; however, whether her divorce is valid or not is a controversial issue, and in our view, such a divorce is void, unless the man becomes the owner of the ransom and compensation through an independent cause, whereby granting the divorce is taken as a condition within it.
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