Comparison with Mukhalaa in Islamic Law and Consensual Divorce in TMK

Abstract

Mukhalaa/consensual divorce means the termination of the marriage contract in exchange for a price that the wife will give to her husband, subject to the wife’s acceptance. Ending the marriage with the mukhalaa is a right given to the woman to end a marriage she does not want to continue. The reason for resorting to mukhalaa, whose legitimacy is laid down directly with the Qur'an and sunnah and which is also the subject of ijtihad in many respects, is mostly shown as incompatibility and conflict between the spouses. If the source of the conflict is the husband, it is forbidden, for the husband to pressure his wife for the mukhalaa. It is obviously stated that it is also forbidden for the husband to force his wife to do mukhalaa, and to force the wife to ask for a fee to end the marriage. This clearly shows that the free will of the parties must be presented and preserved. At this point, although it is directly linked to the will of the sides, the presence of the judge is important for clarifying the situation.