Acquitting a Debt

Question: My husband is in debt to me, and I want to divorce him? Can I agree that I acquit him of his debt to me in exchange for divorcing me?

Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

What you are describing is called khul’. It is a divorce that is initiated by the wife whereby she pays him a sum of money (usually the dowry that he paid her) for her right to be divorced.

The answer to your question is that it would be valid, however, given that the amount you are going to forgo is more than the dowry, it would be blameworthy for him to accept it. He should rather agree to repay the debt less than the original dowry.

Please also see:
https://seekersguidance.org/answers/hanafi-fiqh/can-wife-divorce-without-agreement/
https://seekersguidance.org/answers/general-counsel/should-i-stay-married-even-though-i-hate-my-husband-because-of-his-bad-character-and-irreligiousness/

I pray this helps.

[Ustadh] Farid

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language