Does every husband whose divorce is valid possess the right to effect Khul'?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
Every husband whose divorce is valid possesses the right to effect Khul' because if he possesses the right to divorce, which is merely the dropping of an obligation without obtaining anything, he certainly possesses the right to effect Khul' while obtaining consideration. This right extends to a slave (Abd) who possesses the right to divorce, thus possessing the right to Khul'. Similarly, a manumitted slave (Mukatab) and a financially unwise person (Sufih) possess this right. There are two opinions regarding an age of discretion boy (Mumayyiz), depending on the validity of his divorce.
Supporting text
One whose divorce is not valid, such as a minor child or an insane person, does not possess the right to effect Khul' because they are not deemed fit for transactional capacity, rendering their speech without legal consequence.