Liaison office of Grand Ayatullah Sayyid Ali Al Sistani (L.M.H.L) in London, Europe, North and South America.
2537. The divorce of a wife who develops an aversion from husband and
hates him, and surrenders to him her Mahr or some of her property so that he may
divorce her, is called Khula' Divorce. The hatred must have reached a proportion
where she would not allow him conjugal rights.
2538. If the husband himself wishes to pronounce the formula of Khula'
divorce and his wife's name is, say, Fatima, he should say after receiving the
property: "Zawjati Fatimatu Khala'tuha 'ala ma bazalat" and should also say as a
recommended precaution: "Hiya Taliq" i.e. "I have given Khula' divorce to my
wife Fatima in lieu of what she has given me, and she is free'. And if the wife
is identified, it is not necessary to mention her name in Talaqul Khula' and
also in Mubarat Divorce.
2539. If a woman appoints a person as her representative to surrender
her Mahr to her husband, and the husband, too, appoints the same person as his
representative to divorce his wife, and if, for instance, the name of the
husband is Muhammad and the name of the wife is Fatima, the representative will
pronounce the formula of divorce thus: "An muwakkilati Fatimah bazalat mahraha
li muwakkili Muhammad li Yakhla'aha 'alayh". Then he says immediately: "Zawjatu
muwakkili khala'tuha 'ala ma bazalat hiya Taliq".
And if a woman appoints a person as her representative to give something
other than Mahr to her husband, so that he may divorce her, the representative
should utter the name of that thing instead of the word "Mahraha" (her Mahr).
For example, if the woman gives $500 he should say: bazalat khamsa mi'ati
Dollar".