Is the guardian permitted to effect Khul' for a woman restricted due to foolishness, minority, or insanity using her wealth?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 4 · Bab 1

Open in Qurani

Primary text

Malik's school of thought holds that the guardian is permitted to effect Khul' for these restricted women using their wealth if he perceives a benefit therein. The benefit can be establishing her freedom from someone who might waste her wealth and pose a threat to her person and sanity. Spending wealth for Khul' under such circumstances is not considered extravagance or foolishness, thus allowing the guardian to use her wealth to secure her benefit and safety, analogous to using wealth for medical treatment or ransom from captivity. The father and other guardians are treated equally in this regard.

Supporting text

The opposing view states that the guardian is not permitted to use any of her wealth for Khul' because his authority is limited to transactions that yield a benefit for her, and Khul' in this context involves forfeiting her maintenance and dwelling.