Khula
Encyclopedia
Khula is the right of a woman in Islam
to seek a divorce
or separation from her husband. More accurately, it is merely the right of a wife to seek a release from the marriage bond, similar to the Get
in Judaic law, but unlike the latter where the husband has unilateral right to refuse, a Muslim woman may petition a qadi
to grant her divorce - over ruling the husbands refusal. This authority of the qadi is subject to certain criteria which differ amongst the jurisprudential schools (fiqh
), and subsequent to attempting reconciliation between the parties, failing which further arbitration to seek an amicable solution and voluntary proclamation of triple talaq
by the husband.
Ultimately the qadi has authority to grant the divorce subject to the wife fulfilling requirements to return the mahr
and compensate the husband by reimbursing him for what he provided during marriage, unless the husband is willing to forgo it, (which the qadi usually encourages) unless the woman's action or behaviour has been such not to warrant it.
After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother for seven years. After seven years, the children have the right to live with the father or the mother, as they decide. There is differences between scholars in regards to the number of years a husband is obliged to provide for the welfare of the children of the marriage, and who is to reside with whom.
A woman seeks a khula while a man gives a talaq
. The iddah
period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause
i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months. The iddah period also allows for reconciliation
between the husband and wife. If the woman is pregnant, then the waiting period is until she gives birth. There is still the need for witnesses when seeking a khula as in a talaq.
There are differing opinions regarding the iddah (waiting period) for a woman after the khula has been granted, the support of a one month waiting period is taken from the following hadith
and Qur'anic verses.
".. When Rabia bint Masood obtained Khula from Thabit, the prophet asked her to wait until one menstrual cycle before she could go to her home". (An-Nissai, Abu Daud, Tirmidhi)
"...And for those who are pregnant (whether they are divorced or their husbands are dead), their iddah (prescribed period) is until they deliver (their burdens)..." (Qur'an 65:4)
Also the mahr does not have to be surrendered in full if the husband does not request the entire amount. The basic principle concerning this is the following verse from the Qur'an (interpretation of the meaning) stating:
"..Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take (back from wives) aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah (to deal with each other fairly), in that case it is no sin for either of them if the woman ransom herself (by returning what the husband provided). These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrong-doers." (Qur'an 2:229).
.
cultures, partly due to ignorance about Islamic ordinances concerning it, and also stigmatization of talaq/khula as a result of over 1000 years influence from the majority Hindu culture surrounding them, for in Hinduism
there is no concept of divorce, marriage is sacrament and not a contract, hence divorce was not recognized.
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
to seek a divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
or separation from her husband. More accurately, it is merely the right of a wife to seek a release from the marriage bond, similar to the Get
Get
Get or GET may refer to:*Get , the offspring of an animal*Get , legal issues around the Jewish divorce procedure*Get , the Jewish divorce procedure...
in Judaic law, but unlike the latter where the husband has unilateral right to refuse, a Muslim woman may petition a qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
to grant her divorce - over ruling the husbands refusal. This authority of the qadi is subject to certain criteria which differ amongst the jurisprudential schools (fiqh
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
), and subsequent to attempting reconciliation between the parties, failing which further arbitration to seek an amicable solution and voluntary proclamation of triple talaq
Divorce (Islamic)
In Islam there are separate rules for divorce for men and women under the terms of Islamic law . When a man has initiated a divorce the procedure is called . When a woman has initiated a divorce it is called khula ....
by the husband.
Ultimately the qadi has authority to grant the divorce subject to the wife fulfilling requirements to return the mahr
Mahr
In Islam, mahr is an amount of money paid by the groom to the bride at the time of marriage which she can spend as she wishes. The English concept of "dower", the gift of funds to the wife in the event she becomes widowed, closely approximates mahr. The terms "dowry" and "bride price" are...
and compensate the husband by reimbursing him for what he provided during marriage, unless the husband is willing to forgo it, (which the qadi usually encourages) unless the woman's action or behaviour has been such not to warrant it.
After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother for seven years. After seven years, the children have the right to live with the father or the mother, as they decide. There is differences between scholars in regards to the number of years a husband is obliged to provide for the welfare of the children of the marriage, and who is to reside with whom.
A woman seeks a khula while a man gives a talaq
Divorce (Islamic)
In Islam there are separate rules for divorce for men and women under the terms of Islamic law . When a man has initiated a divorce the procedure is called . When a woman has initiated a divorce it is called khula ....
. The iddah
Iddah
In Islam, iddah or iddat is the period a woman must observe after the death of her spouse or after a divorce, during which she may not marry another man. The period, three months after a divorce and four months and ten days after the death of a spouse, is calculated on the number of menses that a...
period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause
Menopause
Menopause is a term used to describe the permanent cessation of the primary functions of the human ovaries: the ripening and release of ova and the release of hormones that cause both the creation of the uterine lining and the subsequent shedding of the uterine lining...
i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months. The iddah period also allows for reconciliation
Reconciliation
Reconciliation may variously refer to:* Bank reconciliation* Truth and reconciliation commission-Religion:* Sacrament of Penance , also known as Reconciliation...
between the husband and wife. If the woman is pregnant, then the waiting period is until she gives birth. There is still the need for witnesses when seeking a khula as in a talaq.
There are differing opinions regarding the iddah (waiting period) for a woman after the khula has been granted, the support of a one month waiting period is taken from the following hadith
Hadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
and Qur'anic verses.
".. When Rabia bint Masood obtained Khula from Thabit, the prophet asked her to wait until one menstrual cycle before she could go to her home". (An-Nissai, Abu Daud, Tirmidhi)
"...And for those who are pregnant (whether they are divorced or their husbands are dead), their iddah (prescribed period) is until they deliver (their burdens)..." (Qur'an 65:4)
Also the mahr does not have to be surrendered in full if the husband does not request the entire amount. The basic principle concerning this is the following verse from the Qur'an (interpretation of the meaning) stating:
"..Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take (back from wives) aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah (to deal with each other fairly), in that case it is no sin for either of them if the woman ransom herself (by returning what the husband provided). These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrong-doers." (Qur'an 2:229).
- الطَّلاَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللّهِ فَأُوْلَئِكَ هُمُ الظَّالِمُون
.
Egypt
A form of Khul' was adopted by Egypt in 2000, allowing a Muslim woman to divorce her husband. As a condition of the divorce, the woman renounces any financial claim on the husband and any entitlement to the matrimonial home.Pakistan
In November 2008, the Council of Islamic Ideology made a number of recommendations to reform the procedure for a woman's request for divorce (Khula). The recommendations were severely criticized in the traditionalist quarters. The number of divorces amongst Muslims of Indian sub-continent is rarer than amongst ArabArab
Arab people, also known as Arabs , are a panethnicity primarily living in the Arab world, which is located in Western Asia and North Africa. They are identified as such on one or more of genealogical, linguistic, or cultural grounds, with tribal affiliations, and intra-tribal relationships playing...
cultures, partly due to ignorance about Islamic ordinances concerning it, and also stigmatization of talaq/khula as a result of over 1000 years influence from the majority Hindu culture surrounding them, for in Hinduism
Hinduism
Hinduism is the predominant and indigenous religious tradition of the Indian Subcontinent. Hinduism is known to its followers as , amongst many other expressions...
there is no concept of divorce, marriage is sacrament and not a contract, hence divorce was not recognized.
Further reading
- The Law of Divorce (Khula) in Pakistan
- http://www.balagh.com/mosoa/feqh/710y7813.htm Yusuf al-QaradawiYusuf al-QaradawiYusuf al-Qaradawi is a controversial Egyptian Islamic theologian. He is best known for his programme, ash-Shariah wal-Hayat , broadcast on Al Jazeera, which has an estimated audience of 60 million worldwide...
on Khula