Khula - NikahExplorer
Khula, is a procedure through which a woman can divorce her husband in Islam, by returning from the dower (mahr) or something else that she received from her husband, as agreed by the spouses or Qadi’s (court) decree. Based on traditional fiqh, and referenced in the Quran and hadith, khula allows a woman to initiate a divorce through the mutual consent of the husband or a judicial decree.
In the time of the Prophet (SAWS), the wife of Thabit b. Qais requested the Prophet for a divorce from her husband. The Prophet asked her to return the garden given to her at the time of marriage as dower (Mahr). She accepted this condition and the marriage was dissolved. 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 behaving 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”. (63.Book of Divorce, Sahih Bukhari)
Grounds for Divorce/Khula
There is no restriction on the grounds for divorce. The most common of these are:
1. Where the wife suffers physical, financial or emotional harm from the husband. Any violence in the marriage is condemned by Islam, and the Council takes allegations of such violence very seriously.
2. Where the husband suffers certain physical defects, such as impotency.
3. Adultery or infidelity.
4. Where there is difference of religion.
Iddah (waiting period) for Divorce
The divorced woman is not permitted to re-marry during the period of the Iddah. According to the majority of Muslim scholars, the Iddah for Khula is the same as Talaq, which is three menstrual cycles or three months. But Abu Dawud, Tirmidhi and Ibn Majah have narrated Ahadith that the Prophet (saws) prescribed Iddah of one month only for Khula. We leave it to the conscience of each individual regarding which opinion to follow.
Iddah during pregnancy lasts until the pregnancy ends. According to 33:49 in the Quran, there is no Iddah if the marriage was not consummated. Allah says in Surah Al-Ahzab, Verse: 49
“O You who has believed, when you marry believing women and then divorces them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and give them a gracious release”.
The Mahr is the gift given by the husband to his bride at the time of marriage, and it should be recorded in the marriage contract. In the process of Khul’a, the wife is usually required to return the Mahr. The scholars of the Council will however take into consideration the length of the marriage, whether there are children, whether the husband supports his children financially and so forth before deciding on the issue of Mahr. The scholars are guided by frequent exhortations in the Quran advising husbands to avoid greed and to part company with peace and goodwill.