Analytical Survey of Incumbency or Non-Incumbency of the KHOLA Divorce from Husband in IMAMIEH Jurisprudence

KHOLA is a form of divorce that its motivation is dislike of husband in exchange for compensation to him. What in this paper examines is if a woman be hated of her husband and be satisfied to return all dowries to him or release husband obligation from dowry to divorce her, is it incumbent on the husband to divorce her or not?In this paper, we with design the above question, after express the concepts and survey and critique of different views conclude that due to the lack of strong and valid reason of Quran or Sunnat that implies the ban of incumbency KHOLA divorce on husband on the one hand and so incumbency of prohibition from vice, traditions of the learned in contracts, order of rationality, observance of social interest, rule of the negation distress and constriction with dislike of husband absolutely in exchange for compensation to him and application of divorce it is incumbent on husband to divorce his wife. If he declines, wife is divorced by consent of judge on behalf of refusing husband.With proof of this hypothesis, there is no doubt in discrimination between men and women in divorce, because as a man can divorce his wife with payment of dowry in any reason, woman can also want from her husband to divorce him with any dislike of husband by give or release of dowry.