Is Khul' permissible, and thus valid, when the couple does not fear they will not uphold God's limits?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
Some scholars hold that Khul' is only valid, or even forbidden, when the wife dislikes the husband and fears she cannot uphold God's limits due to that aversion. This interpretation is derived from the verse: "It is not lawful for you to take back any of what you have given them, unless both fear that they will not be able to keep within God's limits" (Quran 2:229). The subsequent permission for compensation when they fear not keeping the limits implies prohibition when they do not fear it, especially when coupled with the stern warning against transgressing God's limits. Furthermore, the Hadith stating that any woman who asks her husband for divorce without a sound reason (ba's) is forbidden the scent of Paradise supports this restriction.
Supporting text
The majority opinion, held by Abu Hanifa, al-Thawri, Malik, al-Awza'i, and al-Shafi'i, permits Khul' even if the reason is not fear of violating the limits (i.e., general dislike or disagreement), provided the husband accepts the terms, though Ahmad's statement suggests prohibition in that case. The argument for permissibility in all cases relies on the verse: "But if they freely give up to you anything of it, then consume it in lawful, wholesome pleasure" (Quran 4:4), and the report of Uthman validating Rabi'ah's Khul' where the issue was simply aversion.