The Legal Characterization of Khulʿ in the Kuwaiti Personal Status Law and the Position of Islamic Jurisprudence on It

This research examines the juristic characterization of khulʿ between oath and compensation, and between divorce and annulment, in Kuwaiti law and Islamic jurisprudence. It is one of the complex issues that has generated considerable debate among legal scholars and jurists. The importance of this study lies in its practical relevance to family stability, as it contributes to clarifying the true nature of khulʿ and some of its implications, while highlighting the points of agreement and divergence between Islamic jurisprudence and the Kuwaiti legislator. The study aims to analyze the position of Kuwaiti law on khulʿ and the extent of its reliance on Islamic jurisprudence, as well as to examine juristic perspectives that regard it either as a contract of compensation or an oath, and as an irrevocable divorce or an annulment. It further seeks to identify the areas of convergence and divergence between Kuwaiti law and Islamic jurisprudence. The researcher adopted the inductive, comparative, and deductive methods. The research reached several conclusions, most notably: Kuwaiti law concurs with the majority of jurists in considering khulʿ a contract of compensation rather than an oath, contrary to the Hanafi view. Likewise, it agrees with the majority in treating khulʿ as an irrevocable divorce, in contrast to the Hanbali school which, in its dominant opinion, considers it an annulment.The study recommends promoting juristic and legal awareness among spouses regarding the rulings of khulʿ before resorting to the judiciary