The Ultimate Guide to Navigating Khula in Islamic Law

The concept of khula in Islam is a topic often shrouded in mystery and misconception. For many, the intricacies of this process remain unexplored, leaving individuals grappling with uncertainty and misunderstanding. However, fear not, for within the realm of Islamic jurisprudence lies a wealth of knowledge waiting to be unveiled. In this ultimate guide to navigating khula, we delve deep into the essence of what khula truly entails in Islam, what is Islamic khula process, the rights of woman after divorce in Islam, and shedding light on its significance.

What is khula in Islam?

Khula, (Khul’ in Arabic) refers to the right of a woman to seek the dissolution of her marriage. Khul’ meaning is to remove or take off of something. This provision allows the wife to obtain a divorce from her husband by returning him the bridal gift or giving him an agreed amount of money. The husband’s consent is necessary. This right is only used if wife is not happy with husband in Islam.

The verse of Quran about Khula divorce

Divorce can occur twice. After that, the choice is to either keep her (the woman) with acceptable way or to release her with good manner. It is not permissible to take back anything that has been given to them, unless both fear that they will not being able to maintain the boundaries set by God. If there is such a concern, then there is no blame upon either of them concerning that by which she ransoms herself. These are the boundaries set by God, so do not exceed them. Those who exceed these boundaries are the ones who commit wrongdoing. [Surah Al-Baqarah:229]

There are two scenarios if wife is not happy with husband in Islam, and seeks dissolution of marriage i.e. khula and faskh.

Khula Process

When the wife would, without giving a reason, ask the husband for a divorce. The wife would then also need to return her mehr or agreed amount to the husband and only then can the divorce be complete. 

One of the most famous stories that mentions khul’ and is used as a basis for legal interpretations is narrated by Ibn Abbas:

Thabit ibn Qays’s wife approached the Prophet (peace be upon him) and expressed her discomfort with remaining married to him while being a Muslim, despite not blaming him for any personal or religious shortcomings. In response, the Prophet asked if she would be willing to return the garden given to her as Mahr by her husband. Upon her agreement, the Prophet instructed Thabit to accept back his garden and then divorce his wife. (Hadith narrated by Bukhari)

Seeking divorce without reason

However, it is narrated in Sahih Al-Jami: A woman who seeks divorce without reason, from her husband, will be deprived of experiencing the heavenly scent of Paradise.

Faskh e Nikah

If husband is not agreeing to divorce, then the wife may apply to an Islamic Court or to the Sharia Judge to obtain a divorce from her husband. She must give reasons as to why she believes that her husband has broken down the marriage contract. It is then up to the court to decide if the man is guilty. If the decision of the court is made in favor of the wife, then she is allowed to keep her Mehr and the divorce is granted. It is also known as counter petition for dissolution of marriage by woman.

The common reasons for application of faskh-e-nikah is that husband is depriving her of her rights or treating her cruelly.

Is iddat necessary after Khula?

After a woman is granted a divorce through khula, she is required to observe a waiting period called iddah. The waiting period for khul’ is equivalent to the waiting period for talaq. Read the rules of iddah and divorce in detail.

What if husband does not agree to khula?

Mostly school of thoughts concur that the husband’s approval is crucial for the divorce process, with a few exceptions for special circumstances. (Some schools of thought permit a judge to grant a no-fault divorce without the husband’s consent, but only in limited cases).

The husband’s consent is not required if there are legitimate reasons for divorce, such as undisclosed cruelty or impotence at the time of marriage. Furthermore, if the husband fails to fulfill basic marital obligations like providing shelter and support, the woman may seek khul. If the woman is underage, her guardian must provide consent.

The specific laws governing khul are not directly outlined in the Qur’an, so Sharia court judges must rely on Hadith and Qayas to determine valid grounds for divorce.

Rights of a Woman under Khula

• If a woman seeks divorce from her husband without any valid reason, the husband has the right to request the return of the mahr (dower) he gave her in exchange for granting her a divorce.
• A woman is entitled to receive compensation for the expenses incurred during her pregnancy.
• In the event that she has custody of their children, he is required to provide financial support for their care, including custody fees, breastfeeding expenses, and overall maintenance.

Rights of woman under Faskh

In this scenario, it is the responsibility of the Shariah judge to assess whether the reasons provided by the woman for seeking a divorce are legitimate. If they are deemed valid, then the husband is obligated to grant her a divorce and provide her with all of her entitled rights in their entirety.

• The complete mahr that was previously agreed upon, including any remaining amount from the earlier portion and the deferred portion.
• If the divorce is revocable, the woman should receive reasonable support for her basic needs such as food, drink, accommodation, and clothing during the iddah period. If the divorce is irrevocable, she is not eligible for any form of maintenance or accommodation.
• She has the right to receive financial support for pregnancy-related expenses.
• In the event that she has custody of their children, he is required to provide financial support for their care, including custody fees, breastfeeding expenses, and overall maintenance.
• The Qazi (judge) is responsible for determining the payment and maintenance amounts.
• The husband is not allowed to coerce his wife into relinquishing any of the aforementioned rights.

Conclusion

In conclusion, navigating Khula in Islamic law requires a deep understanding of the legal and spiritual aspects involved. It is essential for individuals seeking divorce through Khula to seek guidance from knowledgeable and trustworthy sources to ensure that the process is conducted in accordance with Islamic principles. Understanding the rights and responsibilities of both parties involved is crucial for a fair and just resolution. With this ultimate guide, individuals can approach the process with confidence and clarity, knowing they have the necessary knowledge to navigate Khula effectively. By staying informed and seeking support from qualified experts, individuals can ensure that their journey through Khula adheres to Islamic law while promoting fairness and mutual respect in the pursuit of marital dissolution.