Khul' facts for kids

Khulʿ (pronounced "khool-uh"), also known as khula, is a way for a woman in Islam to end her marriage. It allows her to divorce her husband, often by returning the special gift (called a mahr or dower) and other things she received from him during their marriage. Sometimes, she might not have to return anything, depending on what the couple or a judge decides. This process is based on Islamic law and is mentioned in the Qur'an and hadith (sayings and actions of Prophet Muhammad). It means the wife wants to break the marriage and is willing to give something back to her husband in return.

How Khulʿ is Mentioned in Texts

In the Qur'an

The Qur'an, the holy book of Islam, talks about divorce and fair treatment. One verse explains that if a couple fears they cannot follow God's rules for marriage, then it's okay for the wife to give something back to her husband to end the marriage. This is seen as a way to ensure both people are treated well during a divorce. Another verse encourages couples to find a peaceful solution if a woman is worried her husband might treat her badly or ignore her. It says that making a settlement is the best way.

In Hadith (Prophet Muhammad's Sayings)

A famous story that helps explain khulʿ is about a woman named Jamilah, who was married to Thabit ibn Qays. She went to Prophet Muhammad and said she didn't have any complaints about her husband's character or religion. However, she felt she couldn't live with him in a way that truly followed Islamic teachings. Prophet Muhammad asked her if she would give back the garden her husband had given her as her mahr. When she agreed, the Prophet told Thabit to accept his garden back and divorce her. This story shows that a woman can seek a divorce even if there's no major fault from the husband, by returning the mahr.

Important Things About Khulʿ

Returning Gifts and Money

When a woman seeks a khulʿ, she usually has to return the mahr (the special gift or money her husband gave her when they got married). Most Islamic scholars agree that the husband should not ask for more than what he originally gave her. However, sometimes there are different ideas about this. Some people think the husband might be able to ask for more, while others believe he shouldn't get anything back. If there's no fault from the husband, then returning the mahr and any wedding gifts is usually expected. Sometimes, husbands might prefer their wives to ask for khulʿ instead of the husband divorcing them, so they can get the mahr back. It's rare, but sometimes a husband might ask for an unfair amount of money, which can make it hard for the wife to get the divorce if she can't afford it.

Husband's Agreement

In most cases, the husband's agreement is important for a khulʿ to happen. However, there are special situations where a judge can grant the divorce even without the husband's full agreement, especially if the wife gives up her mahr. If the husband has done something wrong, like being cruel, then his consent might not be needed. Also, if a husband cannot provide basic needs for his wife, like a place to live or financial support, a woman might be able to get a khulʿ. Since the Qur'an doesn't give all the exact details for khulʿ laws, Islamic judges often look at the hadith and past cases to decide what are good reasons for a divorce.

Role of the Court

If a husband doesn't agree to the divorce, a woman might go to a trusted person, like a religious leader (an imam). Only a judge who knows Islamic law (called a qadi) can grant a khulʿ without the husband's agreement. When a request for khulʿ goes to an Islamic court, the judge can act in place of the husband and end the marriage. This process of a judge ending the marriage is also known as faskh.

Waiting Period (Iddah)

After a woman gets a divorce through khulʿ, she must observe a waiting period called iddah. This waiting period is usually the same length as for other types of divorce. If a woman is older and no longer has periods, she must wait three calendar months. If she is pregnant, she must wait until her baby is born.

Child Custody

When it comes to children, custody often favors the mother, especially if she has not remarried. However, the father is still responsible for financially supporting the children. Once a child reaches a certain age (around 7 for boys and 9 for girls), they might be given a choice about which parent they want to live with, depending on different Islamic legal schools. Some schools might automatically give custody to the father at a certain age, while others keep it with the mother.

See also

In Spanish: Jula para niños