LessonsLegal Implications of Khāṣṣ and the Two Kinds of ʿĀmmQuiz

وجعل عقد النكاح قابلاً للفسخ بالخلع
The marriage contract is described as capable of being dissolved through khulʿ, characterized here as rescission.

Khulʿ is a particular form of marital separation that can involve compensation and agreement. Faskh denotes legal dissolution by rescission; it is not necessarily interchangeable with divorce in every school's terminology.

Jurists differ as to whether khulʿ is classified as a divorce or a rescission and how that classification affects the count of divorces.

The legal-method point: how an act is classified can change its subsequent legal consequences.

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Khulʿ and whether the marriage is dissolved by rescission

Legal Implications of Khāṣṣ and the Two Kinds of ʿĀmm

وجعل عقد النكاح قابلاً للفسخ بالخلع
The marriage contract is described as capable of being dissolved through khulʿ, characterized here as rescission.

Khulʿ is a particular form of marital separation that can involve compensation and agreement. Faskh denotes legal dissolution by rescission; it is not necessarily interchangeable with divorce in every school's terminology.

Jurists differ as to whether khulʿ is classified as a divorce or a rescission and how that classification affects the count of divorces.

The legal-method point: how an act is classified can change its subsequent legal consequences.