What Is the Proper Form of Khul‘ Between Spouses?


Shafi'i Fiqh

Answered by Shaykh Dr. Muhammad Fayez Awad

Question

What is the proper form of khul‘ (divorce initiated by the wife) between spouses?

Answer

In the name of Allah, the Most Gracious, the Most Merciful.

All praise is due to Allah, Lord of all worlds. Peace and blessings be upon the Messenger sent as a mercy to the worlds, our Master and Prophet, Muhammad, and his Family and Companions.

Just as Allah (Most High) has given the husband the right to divorce if he dislikes his wife and life between them becomes unbearable, He has also granted the wife who dislikes her husband and wishes to separate from him the right to request separation by offering compensation to the husband. This is known as “khul‘.”

Definition of Khul‘

Khul‘ is a form of separation initiated by the wife in return for compensation paid to the husband. [Nawawi, Rawdat al-Talibin]

Pillars of Khul’

The pillars of khul‘ include the parties involved (the husband and wife), the compensation (badal), and the formula of khul‘ (the wording). Here are the main conditions for these pillars:

The Husband

He must be someone whose pronouncement of divorce is valid. Therefore, the khul‘ of a minor or an insane person is not valid. [Ibid.]

The Wife

The following conditions must be met:

  • She must be legally competent to handle financial matters, meaning she has full legal capacity to dispose of her wealth and fulfill financial obligations. A wife who is not competent in this manner cannot validly give khul‘, as she does not have the capacity to enter into binding financial commitments. If her husband divorces her, it would be considered a revocable divorce without any entitlement to her dowry.
  • She must be currently under the husband’s guardianship, either in reality or in legal terms, meaning she is not already separated from her husband by an irrevocable divorce.

The Compensation (Al-Badal)

This is the amount the husband receives from the wife in return for granting the khul‘. The compensation can be either monetary or a benefit. Anything that is valid as a dowry, be it money or a benefit, is also valid as compensation in khul‘. [Ibid.]

The Formula (Wording)

The khul‘ is established through an offer and acceptance between the husband and wife. There are multiple phrases that can be used to indicate this intent, which are classified as either explicit (sarih) or implicit (kinaya) expressions:

  • The explicit terms that are unanimously agreed upon by scholars are two: the term “khul‘” and its derivatives because it is customary, and the term “mufada” (mutual release) and its derivatives, as it is mentioned in the Quran.
  • As for the implicit expressions (kinaya), they include terms like “sale” (bay‘). “I have released you” (bara’tuki), “I have discharged you” (abra’tuki), and “I have separated from you” (abantuki).

Once a man grants his wife khul‘, she gains control over her affairs, and the husband no longer has authority over her. He cannot take her back during the waiting period (‘idda), unlike a regular divorce, because khul‘ is an irrevocable divorce (talaq ba’in). Any potential reconciliation would require a new contract with the wife’s full consent and a new dowry. [al-Fiqh al-Manhaji ‘ala Fiqh al-Imam al-Shafi‘i]

It is advisable for both spouses to learn the rulings of this important area of Islamic jurisprudence to ensure that their lives align with correct Islamic teachings.

May Allah preserve the households of the Muslims, grant them harmony, and distance them from discord. All praise is for Allah, Lord of all the worlds.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.