موافقة الزوج على الخلع: دراسة مقارنة

الملخص EN

Islamic sharia grants the wife the right to Khulâ in order to facilitate her exit from a marital bond that she hates, taking into account her innate feelings.

it indicates the justice between the sexes and the equality between them in rights and duties.

it is the right contained in the noble Qur'an and stipulated the prophet of Islam.

whatever the sharia scholars did not agree on its nature and adaptation; as most went to include it in the infallibility of marriage granted to the husband.

the judiciary does not pronounce the Khulâ unless the husband agrees to it.

this contradicts the nature of the theory of Khulâ established in the Qur'an and Sunnah.

a group said that the divorce should be entrusted to the wife’s request and the judge’s ruling after reconciliation attempts and sending the two arbiters, regardless of the availability of the husband’s consent.