Posted by: TheMajlis

Khula’ is a mutual contract between husband and wife, which secures for the wife a divorce in lieu of a monetary payment.

Regarding Khula’, there exists a great deal of misunderstanding due to ignorance. Modernists, having acquired a smattering of defective knowledge which leaves them with the understanding that they are ‘experts’ on ‘Islamic law’, peddle the idea that the wife has a right to impose Khula’ on her husband. This conception of Khula’ is utterly baseless. Khula’ cannot be imposed on any of the spouses. It is a purely voluntary contract.

TALAAQ In Khula’ the wife offers the husband a sum of money to gain her freedom by way of Talaaq. Spiteful husbands who maltreat their wives, generally refuse to issue Talaaq. Such husbands could be induced by wives to set them free in lieu of a monetary payment. Since the husband in such a case is devoid of honour and piety, he may accept the offer and issue Talaaq. However, if he refuses, Khula’ cannot be imposed on him. An imposition by a tribunal or council of theologians or by any committee of ulama is not Khula’. Such an imposition on the man is not annulment of the marriage.

When the husband agrees to the wife’s proposal of Khula’, the contract has to be finalised in that very same session. If any of the spouses remains silent or walks out, then returns with his/her agreement, it will not be binding on the other spouse. The contract will have to be renewed with proposal and acceptance.

On finalisation of the agreement, it is incumbent on the wife to pay the amount agreed on. The husband will be obliged to issue Talaaq only if the wife makes payment.

BAA-IN When payment has been made, one Talaaq Baa-in comes into effect. The Nikah is terminated and the woman is free to marry another man after expiry of the Talaaq Iddat which is a period of three haidhs (menses).

Despite finalisation of Khula’ and separation, the couple can still reconcile and have a fresh Nikah performed. It is not necessary for the woman to first marry another man and be divorced after consummation of the Nikah. This rule applies only in the event of three Talaaqs having been issued.

MORALITY Although the Shariah has instituted the provision of Khula’, from the Islamic moral perspective it is honourable and expected of the husband to acquit himself with dignity, kindness and understanding. Instead of Khula’, he should agree to issue Talaaq if the marriage has irretrievably broken down. If all hope of living correctly like Muslim husband and wife has evaporated, the husband should act in accordance with the Qur’aanic instruction:

“Keep (wives) honourably (and kindly) or set (them) free with kindness.”

It is dishonourable and far below the dignity of a Muslim husband to demand monetary benefit in exchange for Talaaq from a woman whose body and service he had made lawful for his desires in the Name of Allah Azza Wa Jal. End the sad chapter of life honourably, amicably and with justice.