No one wishes for an unhappy ending to their marriage. It is always a difficult decision, especially for women. However, when the relationship becomes unbearable, Islam gives women the right to end the marriage respectfully through Khula. It allows them to part ways with dignity. In this article, we explain the causes, conditions, and process of Khula in Islam in simple words, making it easy for everyone to understand. 

Khula in Islam

Khula is a type of divorce that the wife initiates. The word “Khula” comes from Arabic, meaning “to remove” or “to take off,” like removing a garment. In this context, it means removing the bond of marriage.

Unlike Talaq, where the husband has the right to divorce, Khula allows the wife to end the marriage when she finds it unbearable to continue. Through Khula, Islam protects women from remaining in unhappy or harmful marriages while ensuring fairness and respect in the separation process

The Quranic Foundation of Khula

As the Holy Quran mentions Khula in Surah Al-Baqarah (2:229):

وَلَا يَحِلُّ لَكُمْ أَن تَأْخُذُوا۟ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْـًٔا إِلَّآ أَن يَخَافَآ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ ٱللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِۦ

“And it is not lawful for you to take anything of what you have given them (wives), unless both fear that they will not be able to keep within the limits of Allah. Then if you fear that they both will not keep within the limits of Allah, there is no blame upon either of them concerning that by which she ransoms herself.” 

This verse shows that a wife can request a divorce when the marriage cannot improve. The concept of “ransoming herself” refers to compensation, where the wife may return to her dowry (Mahr) or give up some financial rights. 

During the time of the Prophet (SAWS), Thabit b. Qais’s wife approached him to seek a divorce. The Prophet instructed her to return the garden given to her as Mahr at the time of marriage. She agreed, and this officially ended the marriage. 

What are the Reasons for Khula in Islam?

Islamic law recognizes several valid reasons for a woman to seek Khula. Furthermore, there is no strict limit on the grounds for divorce. Some common reasons include: 

• If the wife experiences physical, emotional, or financial harm from her husband. Moreover, she faces violence in the marriage, which Islam strictly forbids, she has the right to seek a divorce. 
• Secondly, if the husband has physical issues like impotency, neglects his marital duties for years, or has been mentally ill for two years, or suffers from leprosy or a serious contagious disease, the wife has the right to seek a divorce. 
• If the husband or wife commits adultery or is unfaithful, the other spouse has the right to seek a divorce. Furthermore, If the husband falsely accuses his wife of adultery (zina), she can file for divorce. 
• Moreover, if there are significant differences in religion between the husband and wife that create conflict, the wife may also seek a divorce. Furthermore, if the husband prevents his wife from practicing her religion, she can apply for khula. 
• If the wife cannot accept her husband’s physical appearance, deformity, or a missing faculty, she has the right to seek Khula. Furthermore, she can also seek Khula if they are incompatible due to differences in lifestyle, values, or personality that cannot be resolved. 
• Furthermore, if the husband’s whereabouts have been unknown for four years, the wife can seek a divorce. 
• If the husband marries another woman without following the rules of the Muslim Family Laws Ordinance, 1961. Such as getting permission from his current wife or wives—the wife has the right to seek a divorce. 
• Additionally, if the husband has been sentenced to seven or more years in prison, the wife can file for a divorce.

These reasons show that Islam cares about a woman’s well-being and gives her a way to end a marriage that is harmful or unhappy.

Conditions for Khula in Islam

A woman must meet certain conditions to seek khula. These rules ensures that husband and wife are treated fairly and follow Islamic teachings. 

1. Valid Reasons

The wife must have valid reasons for asking for a divorce. Islam does not support ending a marriage without a serious cause. 

2. Willingness of the Wife

She must request Khula voluntarily, without pressure from anyone. 

3. Returning the Mahr

She may need to return the gift or money (Mahr) given by the husband at the time of marriage. This ensures fairness, but it can be waived if the husband is at fault. 

4. Consent of the Husband 

It is easier if the husband agrees. However, if he refuses, the wife can still go to an Islamic court to request Khula. 

5. No Harm or Injustice 

The request should be genuine and not meant to harm the husband unnecessarily. 

Procedural Conditions 

Attempt at Reconciliation 

Before finalizing Khula, the couple should try counseling or mediation to resolve their differences. 

Court Intervention 

If the husband does not agree, the wife can approach the court. The court will check the reasons for divorce and protect her rights. 

Completion of Iddah 

After Khula is granted, the woman observes a waiting period called Iddah. Usually, the Iddah after Khula is one menstrual cycle. Some scholars, however, say it should be the same as a regular divorce, which is three menstrual cycles. 

They explain that in a regular divorce, the waiting period is longer to give the husband time to think and possibly reconcile. But in Khula, since reconciliation is not expected, one menstrual cycle is enough to confirm that the woman is not pregnant. 

A historical example supports this: Ibn Sa’d and Ibn Umar (may Allah be pleased with them) reported from their freed slave Nafi that Rabi’ bint Mu’adh took Khula during the time of Uthman ibn Affan (may Allah be pleased with him). Her uncle asked Uthman if she should observe a full Iddah. Uthman said she only needed one menstrual cycle, and there would be no inheritance rights between her and her former husband. Abdullah ibn Umar accepted this ruling, acknowledging Uthman’s knowledge. 

However, if Khula is taken before consummation (before living together), no Iddah is required. 

If Khula is taken after consummation: 

• A woman who still has menstrual cycles observes one or three cycles (depending on scholarly opinion). 
• If the woman is pregnant, the Iddah lasts until the child is born. 
• In addition, if the woman has stopped menstruating due to age, the Iddah is three months. 

One more thing to remember, it is not permissible for the woman to re-marry during the period of the Iddah. 

These conditions show that Khula in Islam is designed to be fair, respectful, and protective of both the husband’s rights and the rights of wife after divorce.

Khula Process in Pakistan

1. Filing for Khula 

The wife files a case for Khula in the Family Court. She can also include claims for dowry, maintenance, personal property, her belongings, child custody, guardianship, and visitation rights. 

2. Khula Notice to Husband 

Once the wife submits her case, the court sends a Khula notice to the husband. He must appear in court in person or through a lawyer and submit a written response. 

What happens if the husband does not appear in court during a Khula case? 

If the husband does not appear, the court can continue the case without him. The court records evidence from the wife and her witnesses, then passes a decree in her favor and dissolves the marriage. 

3. Written Statement by Husband  

If the husband appears, he must submit a written statement and list of witnesses. He may also ask for restitution of conjugal rights, which could affect maintenance claims until the final decree. 

4. Pre-trial Hearing  

Before finalizing Khula, the court holds a pre-trial hearing to try to reconcile the husband and wife. 

• If reconciliation succeeds: The court approves the agreement between them. 
• If reconciliation fails: The court dissolves the marriage. According to family law in Pakistan, the wife may need to return part of the dower (Mahr) to the husband. Which is usually up to 50% of the deferred Mahr (Ghair Muajjal Haq Meher) or up to 25% of the prompt Mahr (Muajjal Haq Meher), depending on the case. 

The wife’s right to Mahr in Khula also depends on the reason for seeking divorce: 

• If she requests Khula only because she dislikes her husband, she loses the right to Mahr. 
• If she seeks Khula due to the husband’s bad behavior or cruelty, she retains her right to the deferred Mahr. 

5. Recording Evidence  

The court records the statements of the wife, husband, and any witnesses. If the husband fails to appear, the court records only the wife’s evidence. 

6. Judgment and Decree 

After reviewing the evidence, the court gives both parties one last chance to reconcile within 15 days. If reconciliation fails, the court issues the judgment and decree. In a one-sided (ex parte) case, the court sends a copy of the decree to the husband’s address—paid for by the wife—within three days. 

7. Notification to Union Council 

After granting the Khula, the court sends an attested copy of the decree to the Union Council Chairman or Secretary within three days. 

Common Misconceptions About Khula 

Many people have misunderstandings about Khula in Islam:

• “Khula is against Islam” –This is false. Khula is permissible in the Quran and Sunnah as a proper way for women to end a marriage. 
• “Women need permission to take Khula” – Women can directly seek Khula if they have valid reasons, although they are encouraged to consult first. 
• “Khula always requires returning Mahr” – Not always. The wife does not have to return to the Mahr if the husband is at fault. 
• “Khula is only for extreme cases” – Khula can be sought for many valid marital problems, not just severe abuse. 

Conclusion

Khula in Islam empowers women to protect their well-being while ensuring fairness and respect. It provides a solution when a marriage cannot continue peacefully.

By understanding its causes, conditions, and processes, both spouses can approach it clearly, safeguard their dignity, and ensure justice for each other.

Frequently Asked Questions