Is it permissible for a husband to accept dissolution (khul') if he strikes his wife unjustly (dhulm) without intending for her to redeem herself?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a husband strikes his wife unjustly due to his poor character or for another reason, and his intention is not for her to redeem herself (i.e., pay him compensation for khul'), it is not forbidden for him to accept her separation (khul'). This is because he has not unjustly constrained her (i'dal) with the intent of taking back some of what he gave her in the marriage. However, he bears the sin of oppression (dhulm).