Section 2: The time of Khul’ and the compensation of Khul’

Time of Khul’: The majority of scholars hold the view that it is permissible to conduct Khul’ during the women’s menses and period of purity. This is the view of the Hanafi, Shafi’i and Hanbali Madhabs.
2. The compensation of Khul’
a. Agreeing on compensation equal to the bride price: The scholars are in consensus that it is allowed to agree on Khul’ for compensation equal to the bride price. The consensus of scholars is transmitted by Ibn ‘Abd al-Barr and al-Nafraawee.
b. Agreeing on compensation that is more than the bride price: The four Madhabs agree [170] The Hanafi and Hanbali scholars state that it is permissible but disliked. that it is allowed to agree on Khul’ for compensation that is more than the bride price. This is also the view of some of the righteous predecessors as well as most of the people of knowledge.
c. Agreeing on compensation that is less than the bride price: The four Madhabs agree that it is allowed to agree on Khul’ for compensation that is less than the bride price. This is also the view of some of the righteous predecessors.
d. Types of compensation: The scholars are in consensus that whatever can be a brief price can be considered compensation in Khul’ too. The consensus of scholars is transmitted by al-’Aaynee.
e. Relinquishing the delayed bride price as compensation for Khul’: The four Madhabs agree that it is valid to agree to give up the delayed bride price [171] The Hanafi Madhab stipulates that the due time of the delayed bride price should be known. The Maliki Madhab states that if the due time of the delayed bride price is unknown, its time becomes immediate and effective. The Shafi’I Madhab holds the view that if the due time of the delayed bride price is unknown, it becomes immediate according to the bride pride of her peer. The apparent view of the Hanbali Madhab states that it is valid to agree on it even if the due time is unknown so long as it is possible to take place e.g. the woman says to the man, if the cattle become pregnant, you will get such and such. as compensation for Khul’.