Is a contract of Khul' (divorce for compensation) valid for a woman placed under financial bankruptcy restriction (Mahjur 'alayha li-fals)?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 1 · Bab 1

Open in Qurani

Primary text

The contract of Khul' for a woman restricted due to bankruptcy is valid, and her offering of compensation is sound. This is because she possesses legal capacity for transactional dealings regarding her liabilities. The compensation is due to her upon her financial solvency and the lifting of the restriction. The husband cannot demand the compensation while she remains under restriction, similar to a debt she incurred from him or a sale made to her on credit.