The Acknowledgment of Divorce for Compensation (Talaq bi al-'Iwad) as a Type of Divorce in Imamiyah Fiqh and the Civil Code

One of the debated issues among Islamic jurists is about divorce whether divorce for the payment of compensation by wife to her husband is concluded two types of divorce: khul and mubarrat or besides them it is possible to consider another divorce which is called divorce for compensation or Fidyah (Arabic: الفدیه meaning: expiation) divorce. The well-known Islamic jurists believe that with regard to some explicit statements within the noble Quran and hadiths, paying fidyah (Arabic: الفدیه‎) to husband to divorce his wife is permissible in the condition of disliking (khula and mubarrat) and in the circumstance of the absence of hate, they have issued Islamic ordinance that divorce is not permissible and it is revocable (raj'i). But according to the unwell-known jurists, it seems that within the revealed Quran verses and hadiths hate is not the necessary condition for divorce in compensation by fidya. But the only necessity for divorce in the payment of compensation ('iwad) is the fear of violating the divine law boundaries between spouses. This case includes hate and others. It is possible to occur the violation of the divine law boundaries without hate and to accept divorce for the payment of compensation ('iwad). Therefore, with paying attention to the lack of obstacle in Islamic law and law and the generalities such as sulh contract it can be considered the validity of such divorce.