What is the legal consequence of Khul' if compensation is void and Khul' is considered a dissolution (faskh)?
General Chapter
Al-Mughni
Book of Khul' (Redemption Divorce)
Primary text
If the Khul' is ruled a dissolution (faskh) and the husband did not intend divorce by it, nothing occurs. This is based on one narration stating that Khul' without compensation does not take effect. On another narration, it is held that the dissolution was conditioned upon receiving the compensation; therefore, if the compensation is not obtained, the dissolved state does not occur.
Supporting text
Malik holds that if the husband takes anything under these coercive circumstances, he must return it, and the Khul' proceeds as valid. A similar ruling is derived for our position (that the coerced Khul' is void) if we hold that Khul' is valid without compensation.