Khul: A Woman's Right to Seek Dissolution of Marriage

Khul (also spelled khula) is the Islamic legal procedure by which a woman can seek dissolution of her marriage, typically by returning her mahr (dowry) or other compensation to her husband. It is established in the Quran: "And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep within the limits of Allah. But if you fear that they will not keep within the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself" (Quran 2:229). This verse was revealed in connection with the case of the wife of Thabit ibn Qays.

The Hadith of Thabit ibn Qays

The foundational case for khul is narrated in Sahih al-Bukhari. The wife of Thabit ibn Qays came to the Prophet (peace be upon him) and said: "O Messenger of Allah, I do not find fault with Thabit ibn Qays in his character or his religion, but I cannot bear to live with him." In another narration, she said she disliked his appearance. The Prophet asked: "Will you return his garden to him?" (referring to the mahr he had given her). She said yes. The Prophet then instructed Thabit to accept the garden and divorce her with one pronouncement. This hadith establishes that a woman has the right to end her marriage even without fault on the husband's part, and that the standard compensation is the return of the mahr.

Conditions and Procedure

The scholars agree on several conditions for khul: the woman must have a genuine desire to end the marriage; the husband should agree to accept the compensation (though the scholars differ on whether judicial authority can impose khul without the husband's consent); and the compensation should generally not exceed the mahr, though the Hanafi and Hanbali schools permit it. The Shafi'i school treats khul as a type of divorce (talaq), counting against the three permitted divorces. The Hanbali school, following the opinion of Ibn Abbas (may Allah be pleased with him), considers khul a faskh (annulment) that does not count as a divorce, allowing the couple to remarry in the future if they wish.

The Waiting Period After Khul

The scholars differ on the iddah after khul. The majority (Hanafi, Maliki, Shafi'i) hold that the iddah is three menstrual cycles, the same as regular divorce. The Hanbali school, based on the hadith of the wife of Thabit ibn Qays and the ruling of Uthman ibn Affan (may Allah be pleased with him), holds that the iddah is only one menstrual cycle, since khul is an annulment rather than a divorce. This shorter iddah serves the purpose of confirming whether the woman is pregnant without imposing an unnecessarily long waiting period.

Protecting Women's Rights

Khul is an important safeguard in Islamic family law. While talaq gives the husband the right to initiate divorce, khul ensures that a woman is not trapped in a marriage she finds intolerable. Islam does not require a woman to provide specific grounds or evidence of wrongdoing; her genuine inability to continue the marriage is sufficient. The scholars emphasize that a husband who refuses khul without justification, particularly when a judge has recommended it, is acting unjustly. The institution of khul demonstrates Islam's balanced approach to family law, providing both spouses with legitimate means to end a marriage that is no longer viable.