Khul' facts for kids

Khulʿ (Arabic: خلع [xʊlʕ], "deposition"/"luxation"), also called khula, is a procedure through which a woman can divorce herself from her husband in Islam, by returning the dower (mahr) and everything she received from him during their life together, or without returning anything, as agreed by the spouses or judge's decree depending on the circumstances. Based on traditional jurisprudence, and referenced in the Qur'an and hadith, khul' allows a woman to initiate a divorce. In terms, breaking the marriage relationship with the wife's willingness to pay compensation (iwald) to the owner of the contract, namely the husband.

Origins in texts

Qur'an

From the "Sahih International" translation of the Qur'an.

Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah—it is those who are the wrongdoers.

— 2:229

And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them—and settlement is best. And present in [human] souls is stinginess. But if you do good and fear Allah—then indeed Allah is ever Acquainted, with what you do.

— 4:128

Hadith

The most well known story that references khul' and serves as the basis for legal interpretations is the story of Jamilah, the wife of Thabit ibn Qays:

Narrated Ibn 'Abbas: The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner if I remain with him." On that Allah's Apostle said to her, "Will you give back the garden which your husband has given you as Mahr?" She said, "Yes." Then the Prophet ordered to Thabit, "O Thabit! Accept your garden, and divorce her once."

Related issues

Compensation

Most Islamic schools of law agree that the husband is not entitled to more than the initial amount of dower (mahr) given to the wife. However, some interpretations suggest that the husband is entitled a greater compensation, while other interpretations suggest that the husband is not entitled to any compensation. According to some interpretations, khulʿ demands that the mahr already paid be returned along with any wedding gifts. According to majority of imams of fiqh this law only to apply if there is no fault on the husband. Men sometimes prefer and pressure their wives to demand a khulʿ instead of the husband pronouncing a talaq so that the husband can demand the return of the mahr. Another scenario that rarely arises in khulʿ is that the husband will request an unreasonable financial compensation. This can effectively constrain her from seeking khulʿ because they have no means to support themselves financially with the loss of their mahr and other wedding “gifts.”

Consent of the husband

In regard to the consent of the husband, most schools agree that husband's agreement is a basic procedure and essential to the granting of divorce, unless extenuating circumstances apply, while only few schools allow the judge to give a no fault divorce without husband's consent if she gives up mahr. For a fault based divorce the husband does not have to consent if the grounds of divorce are valid, such as cruelty (darar). In addition, if a husband cannot provide his wife with basic marital obligations, such as shelter or maintenance, a woman may be granted khulʿ. If the woman is underage, then consent must be given from the guardian of her property. The details of laws of khulʿ in particular cannot be found in the Qur'an directly, so a Sharia court judge must discern from Hadith and Islamic jurisprudence historical cases what they believe to be valid reasons for divorce.

Role of the Court

Views on role of the court and judge varies across schools, depending on whether or not the divorce is considered a type of talaq (husband's repudiation of the marriage) or judicial annulment. If the husband does not consent to the divorce, a woman often goes to a mediating third party, such as an imam. Only a person versed in Islamic law i.e. a qadi, or Islamic Sharia court judge, can grant the khulʿ without the husband's consent. When petition for khulʿ is taken to the Sharia courts, a judge is permitted to substitute the husband and annul the marriage. This process of judicial annulment is also commonly referred to as faskh, which typically occurs when the husband refuses to consent to the wife's decision to divorce.

Iddah

When a woman is granted a divorce through khulʿ, she must enter a waiting period known as iddah. According to the majority opinion, which includes the reliable position in the Hanafi, Maliki, Shafi'i and Hanbali schools, the waiting period for khul' is the same as the waiting period for divorce, and a minority opinion limits it to a single period. If a woman has already gone through menopause, she must wait three calendar months. The waiting period for a woman who has irregular periods is dependent on different interpretations. If a woman is pregnant or becomes pregnant during the waiting period, she must observe the waiting period until laying her burden.

Custody

Custody over children tends to favor the mother if she has not remarried, but the father is still obligated to provide childcare. Once a child is old enough(7 for male,9 for female), he or she is given the choice to decide who has custody according to shafii, or custody is automatically given to the father according to hanbali school or custody is given to mother according to Maliki school.