The wife's release in exchange for compensation (khul')
How release by agreement (khul') works when a husband will not divorce and the marriage cannot continue, who may ask for it, and what it costs the wife.
Sometimes a wife wants to end the marriage but the husband won't divorce her. Khula is a way for her to be released - she gives back her mahr, or some money, and he agrees to let her go. That agreement itself becomes a divorce.
Khula is the name given to ending a marriage in exchange for compensation from the wife, provided the compensation is the mahr owed to her or anything else that could validly serve as mahr.
Where the disagreement or mistreatment originates with the wife, the husband may seek wealth in exchange for khula, though taking more than the mahr he gave is disliked.
Where the mistreatment originates with the husband, forcing the wife to seek khula by returning or waiving her mahr is sinful, and accepting that wealth from her is prohibitively disliked or even forbidden.
A woman is forbidden to request khula without a valid reason.
12Khula results in one irrevocable divorce. After khula, the husband cannot return to his wife without a new marriage contract. After khula, the wife must observe her waiting period, during which her husband remains responsible for her maintenance - unless he explicitly declares he will not provide it.
1Khulʿ names the termination of nikāḥ in exchange for badal (compensation) from the wife, provided the badal is the mahr owed to her or anything else that may validly serve as mahr.
Where the nushūz or mistreatment originates with the wife, the husband may take wealth in exchange for khulʿ, though taking more than the mahr he gave her is makrūh.
Where the mistreatment originates with the husband, compelling the wife into khulʿ by returning or waiving her mahr is sinful on his part, and his taking that wealth is prohibitively disliked or forbidden.
A woman is forbidden to seek khulʿ without a valid reason.
12Khulʿ results in a single ṭalāq bāʾin. Thereafter the husband has no rujūʿ over her without a fresh nikāḥ. The wife must observe ʿiddah following khulʿ, and the husband remains liable for her maintenance during it, unless he explicitly stipulates that he will not provide it.
1This is the English translation of Nisab Ahle Khidmaat Sharia, exactly as the book has it, for the passages this page was written from. About 357 words. Switch back to Guide for the rewritten version.
Rulings of Divorce
13. Rulings of Khula (Separation):
- The name "Khula" is given to the termination of Nikah in exchange for compensation from the wife [provided that the compensation can be the Mahr or anything permissible as Mahr].
Explanation:
If there is disagreement between the spouses and reconciliation is impossible, and the husband also refuses to divorce, then the wife is allowed to absolve herself by waiving her Mahr or offering some wealth to the husband. The procedure is that the wife may say to the husband, "Relinquish me in exchange for the Mahr owed to me or for the agreed-upon cash amount (or otherwise)." If the husband responds, "I have relinquished," one irrevocable divorce (Talaq Bain) will take effect. The wife will be obliged to pay the compensation she committed.
If the basis of disagreement or mistreatment comes from the wife, the husband is allowed to seek wealth in exchange for Khula, but taking more than the given Mahr is disliked.
If the cause of mistreatment is the husband, forcing the wife to seek Khula by returning or waiving the Mahr is sinful and accepting such wealth is prohibitively disliked or even forbidden.
A woman is forbidden to request Khula without a valid reason.
- The conditions of Khula are the same as those for divorce (e.g., the woman being married to the husband, the husband being sane and adult); however, the proposal for Khula is initiated by the wife.
- Khula results in one irrevocable divorce (Talaq Bain).
- After Khula, the husband cannot return to his wife without a new marriage contract.
- After Khula, the wife must observe Iddah (waiting period), during which her husband is responsible for her maintenance, unless he explicitly declares that he will not provide it.
- The father of an underage girl is allowed to initiate Khula on her behalf, but no wealth will become binding, and Talaq Bain will occur.
- The father of an underage boy is not authorised to initiate Khula.
- If a woman is forced to agree to Khula through threats or physical abuse, Talaq will occur, but no wealth will become binding, nor will the Mahr obligation be waived from the husband.
Terms on this page
Related
- Taking the wife back during her waiting period (ruju') How a husband may take his wife back after a revocable divorce, while her waiting period is still running, without a new marriage contract.
- Revocable and irrevocable divorce, and divorce before consummation The difference between a divorce the husband can take back and one he cannot, the two degrees of irrevocable divorce, and how many divorces count for a wife who was never consummated.
- Custody of children and maintenance after divorce Who has the right to care for young children after a divorce, and when a husband must keep providing his wife's food, clothing, and housing.
- The waiting period (iddah) after divorce or death Why a wife must wait before remarrying, and how long the wait is for a divorced, widowed, pregnant, or never-consummated wife.