Is a settlement valid if a woman offers compensation to remain recognized as married?

General Chapter

Al-Mughni

Book of Settlement

Book 16 · Issue 2 · Bab 1

Open in Qurani

Primary text

A settlement where a woman concedes to recognizing the marriage in exchange for compensation is invalid because this settlement permits something forbidden. Furthermore, if she were to offer her person for compensation, it would be impermissible.

Supporting text

One view permits the settlement if the woman offers compensation to cease the claim, arguing that the claimant receives compensation for their right in marriage, akin to *khul'*, or because she might face an oath.