Requesting Khul’ despite the good character of the husband: Khul’ is deemed valid despite the good character of the husband [173] It is disliked according to the Shafi’i and Hanbali Madhabs. , which is the opinion of the Maliki, Shafi’i, and Hanbali Madhabs, and it is the view of most scholars
2. Khul’ during the fatal illness of the spouse:
a. If the patient is the husband: The scholars are in agreement that khul’ is valid if it happens while the husband is suffering a fatal disease. The scholars who transmitted the consensus are Ibn Qudaamah, Aboo al-Faraj, Shams al-Deen Ibn Qudaamah, and Burhaan al-Deen Ibn Muflih.
b. If the patient is the wife: The four Madhabs [174] The Maliki Madhab states that it is forbidden for the husband and the wife. However, the khul’ is deemed valid. agree that requesting khul’ from the wife is valid while she is suffering from a fatal disease [175] They differed about how much the husband can take in return. Some of them stipulated that he should not take more than his share in inheritance if she dies. .