چکیده:
In Iran's legal system, according to Islamic jurisprudence, there are different types of divorce, one of which is khula divorce. Although khula divorce follows the general rules of divorce, it also has special rules; Including the fact that a khula divorce request is only made when a woman hates her husband. In the upcoming research, the authors try to explain the position of "hate" in the khula divorce with a descriptive-analytical method and data collection through the library method and emphasizing the jurisprudential opinions of Imam Khomeini (RA). In this research, the authors found that according to jurisprudence, if a woman does not hate her husband, she cannot request a kula divorce. Also, the woman's hatred towards her husband must be intense, so that if divorce does not occur, the possibility that the woman will not fulfill her duties towards her husband; Therefore, contrary to what is sometimes seen in the proposed cases in family courts, mere reluctance towards the husband cannot be a license for khula divorce. The results of this research specifically help the judges of the family courts in issuing judgments in accordance with the holy Islamic law in the field of khula divorce.
خلاصه ماشینی:
However, jurists and legal scholars, when discussing the property that the wife must give to the husband in the subject of Khul' and Mubarat divorce, usually use the word fodiyah (Katouzian, 1395: 701, Fakhr al-Muhaqqiqin al-Hilli, 1387: Vol. 3, p.
- Muhammad ibn Muslim has narrated from Imam Sadiq (AS) as follows: "A woman who has been granted Khul' divorce says to her husband: Release me and I will return to you what I have taken from you, the Imam said: For the man 1- Sahihah al-Halabi, from Abu Abdillah (peace be upon him) who said: «لا يحل خلعها حتي تقول لزوجها: و الله لا أبر لک قسما و لا أطيع لک أمرا و لا أغتسل لک من جنابۀ و لأوطئن فراشک و لآذنن عليک بغير إذنک و قد کان الناس يرخصون فيما دون هذا، فإذا قالت المرأة ذلک لزوجها حل له ما أخذ منها و کانت عنده علي تطليقتين باقيتين و کان الخلع تطليقۀ و قال : يکون الکلام من عندها و قال : لو کان الأمر إلينا لم نجز طلاقا إلا للعدة ».
According to the fatwa of Imam Khomeini (RA), in this case, the husband cannot receive a ransom from his wife in exchange for the divorce, even though the wife has a severe aversion to him2 (Al-Musawi al-Khomeini, 1434: Vol. 2, pp.
According to the fatwa of Imam Khomeini (RA), if even though the wife has no aversion to the husband, she obtains a divorce in exchange for providing property, this Khul' is not valid and the husband does not become the owner of the ransom3 (Al-Musawi al-Khomeini, 1434: Vol. 2, p.
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