Important Jurisprudential Deliberations on Divorce and Khulʻ: A Study of Wahba Zuhīlī's "Al-Tafsīr al-Munīr"

طلاق اور خلع سے متعلق اہم فقہی مباحث:وہبہ زحیلی کی "التفسیر المنیر" کا خصوصی مطالعہ

Abstract

This paper studies renowned jurist and exegete Wahba Zuhīlī's commentary of the Quran named "Al-Tafsīr al-Munīr” on important jurisprudential deliberations related to divorce and Khulʻ. The study reveals that before divorce and Khulʻ, couples should try to reconcile with each other. If the problem escalates, the couple's parents and community should play a role in reconciling. The husband has the power to grant a divorce. The divorce can be granted only in a state of purity.  Ibn Taymiyyah counts three divorces together. Zuhīlī's inclination is in the same direction. Jurists agree on the legal  Sharīʻah status of Khulʻ. If a woman delightedly gives money for Khulʻ, then it is permissible for the husband to accept it. According to the Hanafīs, Shāfī'is and Malikīs, Khulʻ is a “Tallāq-e-Bā’ina”, not annulment of marriage. However to the Ḥanbalīs, there is detail in it. The consent of the spouses is required in Khulʻ.