Khula or Divorce at the instance of the wife

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam / Saturday, July 31st, 2010

1. If it is not possible to bring about any conciliation between husband and wife and the husband even refuses to divorce her, it is permissible for the wife to give some money or her mahr to her husband and tell him to let her go in exchange for that money. Alternatively, she could ask him to let her go in exchange for the mahr that he is still owing her. In answer to her request, the husband says: “I let you go.” In saying so, one talâqul bâ’in takes place. The man does not have the right to keep her back or to revoke his divorce.

However, if the husband did not answer to her request in that very place and instead he stood up and began walking or, he did not get up but the wife stood up and began walking about, and only then did the husband say: “Okay, I let you go”, in such a case this is not considered. The request and the reply to it have to be uttered in one place. Separating from one’s husband in such a manner is referred to khula’ in the Sharî‘ah.

2. The man says: “I grant you khula’” and the woman replies: “I accept.” Khula’ takes place. But if the woman did not reply at that very place – instead, she stood up or did not even accept his khula’, it will not be considered. However, if the wife remained seated in her place and the man stood up after having said this, and the woman accepts the khula’ after he stood up, even then khula’ takes place.

3. The man says: “I grant you khula’” and the woman accepts. There was no mention of any money or any other monetary compensation on the part of the husband or the wife. Even then, whatever the man was owing to his wife or whatever the wife was owing to her husband will be forgiven. If the man still had a balance of the mahr to pay, it will be forgiven. If the woman has already received the total amount due to her, she does not have to return anything to the man. Despite all this, the man will have to feed, clothe and provide shelter to her until the end of her ‘iddah. However, if the woman had said that she will not even take advantage of these benefits during her ‘iddah, then they will also be forgiven.

4. When granting khula’, mention of monetary compensation was also made, e.g. the man says: “I grant you khula’ in exchange for R100.” The woman accepted this. Khula’ will be valid and it will be wâjib on the woman to pay the R100. She will have to pay this R100 irrespective of whether she has received her mahr in full or not. If she had not received her mahr as yet, she will not receive it now because it is considered to be forgiven due to her acceptance of the khula’.

5. If the conflict between husband and wife has been caused by the husband, it will be harâm and a major sin for him to grant khula’ in exchange for money or in lieu of the mahr that he is still owing. If he happens to take any money, it is harâm upon him to utilise it. But if it is the wife’s fault alone, he should not take any compensation in excess of the mahr that he had given. Instead, he should grant khula’ in exchange for the mahr alone, and not more than that. If he takes more than the mahr, it will not be a good thing. At the same time, there is no sin in taking more.

6. The woman was not happy about khula’. The man forced her and compelled her to make khula’. In other words, he beat her and threatened her into making khula’. In such a case, divorce will take place but it will not be wâjib on the woman to give any monetary compensation. If the man had an outstanding amount of mahr to pay, this will also not be forgiven (he will have to pay it to her).

7. All the above rules will apply only when the word khula’ was mentioned or the following was said: (1) “Leave my life in exchange for R100, R1000, etc.”, (2) “Leave me in exchange for my mahr.”

If the above-mentioned was not said and instead, the word divorce was used, e.g. she says: “Divorce me in exchange for R100”, this will not be khula’. If the man grants a divorce in exchange for that money, one talâqul bâ’in will take place. In such a case, no rights or debts will be forgiven – neither those that the man has to fulfil nor those that the woman has to fulfil. If the man had not paid the mahr as yet, it will not be forgiven and the woman can claim it. Furthermore, the man will take the R100 from the woman.

8. The man says: “I am divorcing you in exchange for R100.” This will be dependent on the acceptance of the woman. If she does not accept, divorce will not take place. If she accepts, one talâqul bâ’in will take place. However, if she accepts after having changed her place, divorce will not take place.

9. The woman says: “Divorce me!” The man replies: “Forgive me from paying your mahr and all the other debts that I owe you, only then will I divorce you.” Upon this, the woman replied: “Okay I forgive you.” Thereafter, the man did not divorce her. In such a case, nothing will be forgiven and he will still have to pay her all the money that he owes. If he divorces her in that very place, he will be absolved from paying her anything.

10. The woman says: “Give me three divorces in exchange for R300.” In reply to this, the man gives her only one divorce. In such a case, he will receive only R100. If he gives her two, he will receive R200. If he gives all three divorces, the woman will have to give R300. In all these cases, the divorces that will take place will be talâqul bâ’in, because the divorce is in exchange for some money.

11. An immature boy and a lunatic cannot make khula’ with his wife.

6 Replies to “Khula or Divorce at the instance of the wife”

  1. Assalaamalaikum…

    I have a question, InshahALLAH I get my answer from you.

    My wife want khula from me, As I used to beat her on her major mistakes, but from past somedays I am not even showing her my anger, She is fine with me & I am fine with her as well, She didnt even inform me or my family that she is leaving for her parent’s home at night, please read carefully that frrom past 1 month we didn’t even fight for anything, As I took the promise on some holy kalima that I will be always poilte & compose to her.
    So the life was going well, ALHAMDULILAH.
    Oneday she met with her family & told them everything, Now they pressurising her & told her to leave me without any reason, I accept that I was rude to her in beginning but after taking the swear, I never fought with her.
    But she came into all the stories of her family and she wants “KHULA” from me without any reason.
    If I will not give she will file a police case against me for torchering her?
    Is that right accepting her “KHULA” without any reason, only based on my very old behaviour?
    Please show me the right thing?
    As I don’t have much knowledge about it, I love her more than my own life, She knows everything about my love.
    Now her parents are just pressuring her & telling her we are there for you just break with him.
    Now is this “khula” stands genuine?

    Please tell me what should i do now?

  2. I have almost same story. My husband did the same thing to me, and my family wont let me go back to him. My husband does not love me, and has not called me for 2 months. I dont know what to do, go back to him or get Khula?

  3. Dear Maoulan, I have exactly the same case what Imran has discuseed. My Ex-wife was forced to get divorce from me for very nominal small issues we had between us, although we loved each other. But now she hates me and had taken forceful divorce as her relatives threatened me of makin a police complain. Now after two years of divorce, she and her relatives have filed a case against me to give her life maintenance amount accordingl to hindu law and court has announced the judgement to pay her 9 lacs which is beyond my capacity. Please let me know first if I have to pay her the maintenance amount after the divorce ? secondly I assume this as a sort of Khula which she demanded but on paper its drafted as Talaq, so I dont know whether this is KHULA or divorce??? Please help me to decide and know what is right for me to do. Jazakallaah Khair.

  4. My wife married with bad intention of abducting my mother’s property but as she failed in her efforts, within forty days of marriage she along with her relatives and hired men entered my house at mid night and attacked me and my mother with the intention of killing us and as we called police she along with others escaped and took all the jewels of both us and all her belongings and later counter filed a dowry harassment complaint against me and my family members, also filed maintenance case in Family Court, also she put the forgery signature in the police station as I withdraw my complaint against her and her family members for attempt to murder us, in addition she always giving many false complaints against me and my family member as we are threatening her life. Suddenly she send her khula though registered post, but i refused her khula, as her false charges against me and my family are still pending in the criminal court. At this juncture I am confused that her khula is valid or nor. Please kindly give your suggestions.

  5. Asalamualikum , aap kesay hein umeed rakhti hoon kay aap aachi aur sehaatmand zingdagi guzaar rahay hongay …. Mera sawal thora complicated hay magar mein mukhtalif scholars say jawab le rahee hoon aapkay saamnay bhi paish karna chahiti hoon aur umeed karti hoon kay aap mujhay iskaa jawaab quran aur Ahadis ki roshni mein dein gay InshAllah !!!mera sawal ye hay kay pakistan mein nikkah namatbpar eik point hay jis kay mutabik auraat talaaq ka haq rakhti hay ….. mein nay kafi iss kay upaar research ki hay iss ka matlab hargiz ye nahee kay auraat apnay moon say jesay kay eik mard ko haq hasil hay ye kahay kay “mein tum ko talaaq deti hoon ” balkay iss ka matlab ye hay kay jab bhi aurat talaaq ka kahay tu mard majboor hay kay woh usko talaaq de …. agar aap ye bata sakein kay Aurat ka khula aur talaaq denay ya lenay mein kya faraq hay
    shukriya Tara Sohail

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