Chulʿ
Chulʿ ( Arabic خلع, DMG ḫul' ) referred to in the Islamic jurisprudence the Selbstloskauf the woman from the marriage by reimbursement of dowry or part of it. In terms of its legal consequences, the Chulʿ is equated with irrevocable divorce and repudiation .
As a legal institution , the Chulʿ is based on the Qur'an ( Sura 2 al-Baqara, verse 229), which stipulates that the wife should have the opportunity to buy herself out if a divine commandment is to be broken. According to the tradition of the prophets , an exception was added to the first part of the verse, which forbids men to withhold anything from their property if their wives are rejected. The reason for this is said to have been the case of the wife of the Prophet's companion Thābit ibn Qais. She came to the Prophet Mohammed with the words: "By God, I have nothing to fault with Thābit in terms of religion (dīn) or character (ḫuluq) , but I do not endure him with hatred (lā uṭīqu-hū buġḍan) ." The Prophet asked whether she would be willing to return the date gifts she received from her husband. She replied in the affirmative, whereupon Mohammed Thābit asked to take back the garden, but not to ask for more.
The Chulʿ plays an important role in modern laws reforming Islamic marriage law. In 2000, a family law reform in Egypt made it possible for wives to divorce independently and against the husband's will within the framework of the Chulʿ, without there being any demonstrable reasons for this that are exclusively in the husband's sphere.
literature
- Mathias Rohe: Islamic law. History and present. 2nd Edition. Munich 2009, pp. 222–226.
- Corinne Fortier: Le droit au divorce des femmes (khul ') en islam: Pratiques différentielle en Mauritanie et en Egypte. In Droit et Cultures. Volume 56, No. 1, 2010, pp. 59-86 (French).