2540. If the husband and the wife develop mutual aversion and hatred
and the woman gives some property to the man so that he may divorce her, this
divorce is called 'Mubarat'.
2541. If the husband wishes to pronounce the formula of Mubarat, and
for example, his wife's name is Fatima he should say: "Bara'tu zawjati Fatimah
'ala ma bazalat". And as an obligatory precaution, he must add: "Fahiya Taliq",
that is "my wife Fatima and I separate from each other in consideration of what
she has given me. Hence, she is free." And if he appoints someone as his
representative, the representative should say: "An qibali muwakkili bara'tu
zawjatahu Fatimata 'ala ma bazalat Fahiya Taliq". And in either case, if he
says: "bima bazalat" instead of the words "'ala ma bazalat" there is no harm in
2542. It is necessary that the formula of Khula' or Mubarat divorce is
pronounced in correct Arabic. And if that is not possible, then the rule
explained in 2517 will apply. However, if for the sake of giving her property,
the wife says in English or any language that: "I give you such and such
property in lieu of divorce" it will be sufficient.
2543. If during the waiting period of Khula or Mubarat divorce the
wife changes her mind and does not give her property to the husband, he can take
her back as a wife without Nikah.
2544. The property which the husband takes in Mubarat divorce should
not exceed the Mahr of the wife. But in the case of Khula' divorce, there is no
harm if it exceeds her Mahr.