Is Khul' permissible only if the wife commits an apparent immorality (Fahisha Mubayyinah)?

General Chapter

Al-Mughni

Book of Khul' (Redemption Divorce)

Book 38 · Issue 4 · Bab 1

Open in Qurani

Primary text

Khul' is not restricted only to cases where the wife commits an apparent immorality. The primary evidence rests on Quran 2:229 and the authenticated Hadith concerning Khul' which established its legality without requiring the wife to be guilty of wrongdoing. Furthermore, the ruling of companions like Umar, Uthman, and Ali supports this general permissibility.

Supporting text

Ibn Sirin and Abu Qilabah suggested that Khul' is not permissible unless the wife commits an apparent immorality, citing Quran 4:19 ({Wa la ta'duuhunna litadhhabu bi ba'di ma ataytumuuhunna illa an ya'tina bi fahishatin mubayyinah}).