Is a Khula Granted Without Compensation Valid, or Is It Considered Talaq?
Answered by Mawlana Ilyas Patel
Question
I asked my husband for khula, and he agreed without requesting compensation. I accepted and thanked him. Is this a valid khula, or does it count as talaq?
Answer
In the Name of Allah, the Most Merciful and Compassionate
This will count as a Khula’ (release) without agreeing to compensation, and you will be separated with one irrevocable divorce (ba’in).
A khula‘ release for payment allows a wife to seek separation from her husband by offering compensation, effectively finalizing the cancellation of the marriage agreement. However, it only constitutes one irrevocable divorce, and not three.
Requesting a Divorce
A khula is a request for divorce in exchange for money. The woman is essentially asking for a divorce and offering something like the mahr she received in exchange.
She can ask for an irrevocable divorce without offering anything. If he does so, the matter is done. Otherwise, if he accepts divorce in exchange for something, she can say, “Give me one irrevocable divorce in exchange for a certain amount of money.” He would then say, “I divorce you for this amount of money.”
The amount cannot be more than the mahr he gave her when they married; if he’s at fault, he’s sinful to take it.
[Maydani, Al-Lubab Fi Sharh al-Kitab]
Due to the sensitivity of this situation, I would advise you to consult local scholars also.
I would like you to go through the valuable answers and links below. In sha Allah, you will receive guidance and direction.
– khula’ Archives
– What Is the Process of Asking Khul‘ from Husband
– Can Agreeing To Khula Result in Three Talaqs? – SeekersGuidance
– Khul‘ Archives – SeekersGuidance
– Marriage and divorce Archives – SeekersGuidance
– Love, Marriage, and Relationships in Islam: All Your Questions Answered
– Etiquette of Marriage: A Comprehensive SeekersGuidance ReaderHow
I pray this helps answer your question.
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel has received traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
