Khul' is an agreement between a husband and wife to end the marriage, in exchange for a payment from the wife in exchange for her release from the marriage contract. This release may involve the woman giving up part or all of the dowry they agreed upon at the beginning of the marriage contract. Although Islamic law places divorce solely in the hands of the man, it opens numerous avenues for a woman who has been wronged or who cannot bear to live with her husband to free herself from the marriage covenant and begin a new life with another husband. One of these avenues is the ruling on Khul', which Islamic law has established as a means of relieving a wife who wants to escape a life of misery with her husband. This means that she can give up some of her financial rights in exchange for a divorce. This is what the Prophet did with the wife of the Companion Thabit ibn Shammas when she came to him complaining about her misery with her husband, whom she did not love and that she was living with him under duress. He ordered her to return to him his garden, which had been her dowry, and ordered him to divorce her once.
Finally, the cases in which a woman may seek divorce or khul' are:
If she dislikes her husband's character or behavior and detests him to the point that she cannot bear to live with him, even if he is righteous in his religion and she considers him a mahram, then it is permissible for her to seek divorce from him. If he does something good to her, then it is a divorce, and if he demands compensation, then it is a khul'.
If she dislikes her husband's religion and remaining with him would harm her religiously, such that the man is immoral and fails to perform the obligatory duties, consumes alcohol, is known for committing immoral acts, or orders her to display her beauty or commit other grave sins, then she should try and strive to reform him. If he does not reform, then she has the right to seek divorce from him, and it may be obligatory to preserve her religious commitment. If he refuses, she should refer the matter to the judge to annul the marriage.
If living with him causes her physical or psychological harm, such as if he is unjust and assaults her by beating, cursing, and insulting her, showing no respect for her, or if he psychologically harms her by insulting, abusing, and wounding her dignity and slandering her, or if he treats her like a slave, and this behavior is constant, she should advise and preach to him, try to reform him, and seek the help of virtuous people. If he reforms, then praise be to God. If he does not reform, she should seek a divorce from him and be freed from his evil.
If he neglects to fulfill her due rights, such as if he is stingy and withholds maintenance from her completely due to insolvency or some other reason, or if he completely abandons sexual intercourse with her, which causes her harm and exposes her to corruption, or if he does not provide her with a suitable home according to custom. Or if he abandons her and does not spend the night with her for no valid reason, she should demand her rights from him and fear God. If he does not grant her her rights or reconcile with her, she is permitted to seek a divorce due to the loss of her rights.
