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Assignment Tayyab

The document discusses khul, a type of divorce in Islamic law where the wife returns the marital gift to her husband in exchange for a divorce. It summarizes multiple hadith reports describing an incident where the prophet Muhammad granted khul to Habiba bint Sahl after she offered to return her husband's garden. The majority of legal scholars differ from the hadith and Quran by requiring the husband's approval for khul, while the Hanafi school insists on the husband's consent and sees khul as an irrevocable form of divorce.

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Haziq Qureshi
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67 views

Assignment Tayyab

The document discusses khul, a type of divorce in Islamic law where the wife returns the marital gift to her husband in exchange for a divorce. It summarizes multiple hadith reports describing an incident where the prophet Muhammad granted khul to Habiba bint Sahl after she offered to return her husband's garden. The majority of legal scholars differ from the hadith and Quran by requiring the husband's approval for khul, while the Hanafi school insists on the husband's consent and sees khul as an irrevocable form of divorce.

Uploaded by

Haziq Qureshi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Khul in Hadith Literature:

Most of the hadith refer to the case of Hazrat Habiba bint e Sahl, wife of Hazrat Thabit. The
incident is described in four of the six authoritative collections of the Prophetic reports.
According to the report of Al-Bukhari in his book (The Authentic Collection) section on khul:

It is stated from Ibn Abbas that the wife of Hazrat Thabit came to the Prophet (PBUH) and said:
“I see no fault with Thabit's conduct or his religious demeanor, but I dislike ingratitude in
Islam.” The Prophet (PBUH) said: “Will you return his garden to him?” “Yes”, she answered.
The messenger of Allah said: (To Hazrat Thabit) “Accept (iqbil) your garden and divorce her
[ṭalliqha (once)].”

In the second and third versions of the same incident, the Prophet (PBUH) is reported to have
ordered Hazrat Thabit to divorce her in return for his garden.1

In the first version in Al-Bukhari the words ‘iqbil’ (accept) and ‘ṭalliqhā’ (divorce her) are used
in the imperative form by the Prophet, but in the second one the indirect speech is very clear that
Thabit’s approval was not sought but the Prophet had ordered him.

According to the collection of Abu Dawud, in which Ḥabiba’s case is reported:

Hazrat Ayesha (RA) relates that Hazrat Ḥabiba bint e Sahl was married to Hazrat Thabit bin
Qays bin Shamas, who hit her and broke a limb of hers. She approached the Prophet (PBUH)
after dawn, and He summoned Thabit and told him: “Take (khudh) some of her money and
separate from her.” Thabit said: “Is this permissible, Prophet of God?” The Prophet said: “Yes.”
Thabit: “I gave her two gardens as dower and they are her property.” The Prophet (PBUH) said:
“Take them and separate from her (fariqha)”, which he did.

According to the report of Imam Aḥmad bin Ḥanbal:

Sahl bin Abi Hathma related that Ḥabiba bint e Sahl was married to Thabit bin Qays Al-Ansari,
who was an ugly man. She said: “Messenger of Allah: O, by Allah, were I not to fear God, I
would spit in his face whenever he touches me.” The Prophet (PBUH) said: “Would you give
him back his garden?” She said: “Yes”, and she gave it back. Then the Prophet (PBUH)
separated them.2
1
Muḥammad Ismā‘il al-Bukhārī, al-Jāmi‘ al-Ṣaḥīḥ (Ḥadīth 4971, People’s Edition n.d.).
2
Aḥmad b. Ḥanbal, al-Musnad, ḥadith no. 15663;
The conclusion that can be derived from this narrative is that the majority of legists differ from
the Hadith, and to some extent from the Quran, regarding khul, especially regarding the approval
of the husband. There is no doubt that the Quranic verse was further explained through Hazrat
Ḥabiba’s scenario and that the Prophet’s ruling has precedential value.

Khul in Hanafi School:

Ḥanafi jurists fully acknowledge the ḥadith of Hazrat Ḥabiba but unanimously assign the
husband a decisive and controlling role in the process of khul. Jassas points out that the fact that
the Prophet (PBUH) had sought the opinions of both Ḥabiba and Thabit, places the latter at the
center stage of the debate since the Prophet (PBUH) could have dismissed him completely and
granted a divorce to Ḥabiba himself. Ḥanafi jurists insist that the consent of the husband is
necessary for the validity of khul.3 Moreover, There is no disagreement among Ḥanafī jurists on
this issue, all of whom consider khul an irrevocable ṭalaq.4

3
Jaṣṣāṣ, Aḥkām al-Qur’ān, 1:539
4
Al-Jaṣṣāṣ, Aḥkām al-Qur’ān 1:538; Al-Sarakhsī, Kitāb al-mabsūṭ 6:168; Kāsānī, Badā’i‘ 3:228

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