Sunan Abī Dāwūd Ḥadīth [2226]

In case there is no conjugal felicity or harmony among couples, and the husband is unwilling to divorce and the wife is insisting on separation, there is no other way for the wife except to go to a qāḍī’ (judge) and present her case before him. If the judge, after reviewing the facts of the case, asks the wife to return the mahr (bridal-money) the husband gave her, and then he revokes the marriage agreement binding them, this kind of separation is called khul’ (dislocation, discharge, etc..) in Islāmic law.

• Reference: [2226 (3/48), Sunan Abī Dāwūd, Dārussalām (Eng)]

The sharī’ah aims to see the relationship of a husband wife as permanent and lifelong, for this reason it has been suggested to overlook the weaknesses and drawbacks of each other, and pay no heed to small inaccuracies. Though khul’ and divorce are lawful, yet they have not been encouraged.

• Reference: [1187 (2/557), Sunan at-Tirmidhī, Dārussalām (Eng)]

a) Khul’ is kind of annulment in which a wife seeks divorce from her husband by giving him a certain compensation, or returning back the mahr (bridal-money) which he gave her to get annulment of the marriage. A husband is not allowed to demand all what he has spent on her, or to demand more than the fixed dowry.
b) Khul’ is legal if a woman does not want to live with her husband while the husband wants to live with her. If a person deliberately troubles his wife in order to force her to eventually demand a khul’, then the husband is guilty of oppressions.

• Reference: [2055 (3/175-176), Sunan ibn Mājah, Dārussalām (Eng)]

“The reports which warn a woman against asking her husband for a divorce are to be understood as referring to cases where there is no reason for doing that.”

• Reference: [Fatḥ-ul Bārī fī-Sharḥ Ṣaḥīḥ al-Bukhārī (9/402)]

• Sunan at-Tirmidhī (1187)
• Sunan ibn Mājah (2055)
• Sunan ad-Dārimī (2270 (2/134))
• Musnad Aḥmad (22379 (37/62-63)) ^{[Shu’ayb al-Arna’ūṭ]}
• Musnad Aḥmad (22440 (37/112)) ^{[Shu’ayb al-Arna’ūṭ]}
• Musnad Aḥmad (22279 (16/290)) ^{[Aḥmad Shākir]}
• Musnad Aḥmad (22339 (16/306)) ^{[Aḥmad Shākir]}
• Ṣaḥīḥ at-Targhīb (2018 (1/450))
• Ṣaḥīḥ ibn Ḥibbān (4184 (9/490-491))
• Ṣaḥīḥ Mawārid aẓ-Ẓamān (1104 (1/529))
• Muṣannaf ibn Abī Shaybah (20400 (10/504))
• Bayhayqī’s Sunan al-Kubrā (14860 (5/517))
• Al-Mu’jam al-‘Awsaṭ (5469 (5/333))
• Al-Mustadrak ‘alā aṣ-Ṣaḥīḥayn (2848 (3/500))
• Sharḥ as-Sunnah (9/195)
• Kanzul ‘Ummāl (45007 (16/382))
• Tafsīr aṭ-Ṭabarī (4/151-152)
• Tafsīr ibn Kathīr ([2: 229-230] 1/462)
• ‘Umdatul Tafsīr [Aḥmad Shākir] (1/279)
• Mishkāt al-Maṣābīḥ (3279)
• Al-Jāmi’ aṣ-Ṣaghīr [Suyūṭī] (2944 (1/176))
• Ṣaḥīḥ al-Jāmi’ (2706 (1/526))
• Irwā’ al-Ghalīl (2035 (7/100-101))

Grade:

• Ṣaḥīḥ by Shaykh al-Albānī (Sunan Abī Dawūd, Sunan at-Tirmidhī, Sunan ibn Mājah Ṣaḥīḥ al-Jāmi & Ṣaḥīḥ at-Targhīb)
• Ṣaḥīḥ by Ḥāfiẓ Zubayr ʿAlī Za’ī (Sunan at-Tirmidhī)
• Ṣaḥīḥ isnād by Ḥāfiẓ Zubayr ʿAlī Za’ī (Sunan Abī Dāwūd, Sunan ibn Mājah & Mishkāt al-Maṣābīḥ)
• Ṣaḥīḥ isnād by Shaykh Aḥmad Shākir (Musnad Aḥmad #22339)
• Ṣaḥīḥ isnād by Shaykh Shu’ayb al-Arna’ūṭ (Sunan Abī Dāwūd, Sunan ibn Mājah & Musnad Aḥmad)
• Ḥasan by Imām at-Tirmidhī (Sunan at-Tirmidhī)
• Ḥasan by Imām as-Suyūṭī (Al-Jāmi’ aṣ-Ṣaghīr)
• Qawī isnād by Shaykh Shu’ayb al-Arna’ūṭ (Sharḥ as-Sunnah)
• Ḍa’īf isnād by Shaykh Aḥmad Shākir (Musnad Aḥmad #22279)