Heavenly Jewels
be broken. The amount of money that was appointed then becomes Laazim on thewoman to give. (GeneralBooks) Rule- Due to the fact that Khulaa is Talaaq on behalf of the husband, therefore it is a stipulation that the husband is Aaqil and Baaligh. ANaa Baaligh or insane person cannot make Khulaa as he is not Ahle-Talaaq. It is also a condition that the woman is Mahle-Talaaq (woman who can be given Talaaq) . Hence if a woman was given Talaaq-e-Bain then Khulaa cannot take place with her even within the period of Iddat. Yes ,if it is in Iddat of Talaaq-e-Rajee then Khulaa can be made. (Durre Mukhtaar, Raddul-Muhtaar) Rule- If a husband says to his wife, "Ihave made Khulaa withyou," but does not mention any amount ofmoney then this is not Khulaa, rather it is Talaaq. It is not dependent on the acceptance ofthe woman. (Hidaaya) Rule- WheA:" a man says to his wife, "I make Khulaa with you in compensation for a particular thing" and she accepts it then this is Khulaa. LIAAN Rule- Liaan literally means a sworn allegation of adultery by one ' s spouse. According t o the Shariah, it is when a man accuses h i s wife of Zinaa with such an accusation that if it had to be made against an Ajnabiyah woman, then the accuser will be given Hadde-Qazf (punishment for defamation) meaning if the allegation was made against an Aaqil, Baaligh, muslim, free and chaste woman, then Liaan will be made. Rule- Themethod ofLiaan is as follows, Before a Qadhi (Islamicjudge), the. husband should give Shahaadat under oath four times meaning he should say, "I testify that in accusing this woman ofZinaa, Oath on Allah , I am true" In the fifth time he should say, "The curse ofAllah be on her ifshe isfrom those who lie regarding this accusation ofZina." When saying "this" in each instance he should gesture towards the woman. Completing this, excludes the 208
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