THE LEGAL NATURE OF FEDYE IN DIVORCE KHULA AND MOBARAT

In Khula divorce, wife offers his husband Fedye (ransom) and persuades him to get divorced. After accepting Fedye, the husband pronounces Talaq (divorce contract). In this type of divorce, both man and woman are consent to get divorced. Investigating the nature of this divorce, Faqihs (Islamic jurisprudents) and lawyers have only focused on the nature of this divorce and little attention has been paid to the legal nature of Fedye paid back to the husband from the wife. The current study aims to investigate the legal nature of Fedye paid back to husband from wife and try to answer whether the nature of Fedye, like divorce, is an independent Iqa (unilateral obligation) or a specific contract between husband and wife, and what can be set as an exchange for the Fedye. Previous studies specified that fedye in terms of nature is a special contract between husband and wife. By that, wife financial is transferred to husband and make him required to to divorced his wife.