مشروعية الخلع و صاحب الحق فيه بين النص و الفقه و القضاء

Abstract EN

This research discusses (al-Khulu'a), divorce at the instance of the wife who pays a compensation in return.

It examines its legislation, and who has the final right of carrying it out; husband, wife or court, on the basis of religious scripts, scholars' views and according to its practice in "personal law".

Al-Khulu'a is a woman's right in ending undesired marriage, parallel to the man's right in ending undesired marriage through divorce, when either of them is unwilling, or unable, to go on with his/her marriage.

This study calls for reconsidering the prevailing stand that takes away this right from women, in the light of the general purpose of legislation, the corruption of some people and their boldness in taking other's money in an injustice way, and in the light of the spreading phenomenon of the abuse of rights which does women wrong.

All this lead to favoring the assurance of woman's right in Khulu'a, whether by themselves or by law, opposing other views that restrict the right of women in this issue.