Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Asalamoalikum
can you explain how the Khula procedure is done?

by Judge, Imam or couple themselfe

thanks 

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Procedure for khula

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Sunan of Abu-Dawood Hadith 2173  Narrated by Abdullah ibn Umar

The Prophet (saws) said: ‘Of all the lawful acts’ the most detestable to Allah is divorce.’

 

Sunan of Abu-Dawood Hadith 2172  Narrated by Muharib

The Prophet (saws) said: ‘Allah did not make anything lawful more abominable to Him than divorce.’

 

As much as divorce is discouraged, Islam has recognized that two people who once chose to live their lives together through the sacred institution of marriage many not get along and wish to separate through divorce.  Thus in Islam, both the husband and the wife have a right to initiate a divorce proceedings against their spouse and seek their freedom.

 

When a divorce proceeding is initiated by the wife in a marriage, it is known in Fiqh or Islamic Jurisprudence terms as a ‘Khula’. 

 

There are basically three ways for a wife can seek a divorce:

1. Ask her husband that she no longer wishes to remain his wife, and the husband accedes to her request and pronounces a divorce on her.
2. If the husband refuses to divorce her, she has the right to Initiate a divorce proceedings in a Shariah Court, whereby the Judge will study the conditions and reasons for seeking divorce, and then summon the husband and give him an option: either he accedes to the wife’s divorce request and pronounces divorce on her, or the Court will use its authority and divorce the couple.
3. If the husband does not pronounce the divorce and the Judge sees valid reason for divorce, the Shariah Judge has the authority to divorce the couple.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229    A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness.  It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah.  If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them.  If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

 

If it is the woman who initiates the divorce or ‘khula’ in marriage, she is required to repay the husband back the ‘mehr’ he paid her at the time of ‘nikaah’, unless of course the husband, of his own will, wishes to let his wife keep the ‘mehr’ he paid her.  But if the husband initiates the divorce, it is absolutely forbidden for him to demand any payment or recompense of the ‘mehr’ or any other gifts he might have given his wife during their marriage.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 20-21:

20      But if ye decide to take one wife in place of another (through divorce), even if ye had given the latter a whole treasure for dower (mehr) take not the least bit of it back: would ye take it by slander and a manifest wrong?

21      And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant?

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan