A question regarding the validity of a khula divorce when the wife is not displeased with her husband.
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1 Answer
Peace be upon you.
Ayatollah Khamenei (may Allah protect him):
For a khula divorce to be valid, the wife must be displeased with her husband to the extent that there is a fear she may disobey and commit sins if the marriage continues. Therefore, a khula divorce is not valid if the wife is not displeased with her husband or if her displeasure does not reach that level.
The reasons for the wife's displeasure can vary, including physical deficiencies in the husband, moral issues, or circumstances affecting their marital life.
If the wife requests a divorce due to the husband's mistreatment, such as verbal abuse or physical harm, and offers something to the husband in exchange for the divorce, the khula is not valid, and it is forbidden for the husband to keep what he received from her. However, the divorce will be considered revocable if it was pronounced in the form of divorce.
Source: Fiqh Al-Wali - Rulings on Irrevocable Divorce (2/2): Khula Divorce
Ayatollah Sistani (may Allah protect him):
The required displeasure for khula can arise from inherent qualities of the husband, such as his appearance, bad character, or poverty, or from external factors like failing to fulfill some of her desirable rights or marrying another woman.
If the wife's displeasure and request for separation stem from the husband's mistreatment, such as insults or physical abuse, and she offers something for the divorce, the offer is not valid, and the khula divorce is nullified. However, if the displeasure arises from the husband's failure to fulfill some of her obligatory rights, such as maintenance or fair treatment, her khula divorce is valid.
It is essential that her displeasure reaches a level where she threatens to neglect her marital duties and not uphold Allah's limits regarding him.
If the husband divorces her with compensation while she is not displeased, the khula is not valid, and he does not possess the right to the compensation. The divorce itself is not valid unless it is pronounced in the form of divorce or followed by a genuine intention to divorce her without compensation. If she agrees to pay him money and conditions the divorce on that, then through that agreement, he possesses the money and must divorce her. In this case, the divorce is not khula but revocable, even if she conditions that he cannot return. However, it is forbidden for him to violate the condition, but if he does return, his return is valid, and the wife has the option to annul the settlement due to the breach of condition.
Source: Minhaj Al-Salihin - Vol. 3 - pp. 616 + 615 + 617
May you be successful in all good.