Khula

Khula (Arabic:خلع) is the right of a woman in Islam to divorce or separate from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother for seven years. After seven years, the children have the right to live with the father or the mother, as they decide.

A woman seeks a Khula while a man seeks a Talaq. The Iddah period (waiting time after a divorce) of a woman whom seeks a Khula, is one menstrual cycle or one month if she is no longer menstruating. This ensures that she is not pregnant. This is different from when a man seeks a Talaq, when the Iddah period is three cycles or three months. The Iddah period also allows for reconciliation for the husband and wife. There is still the need for witnesses when seeking a Khula as in a Talaq. The Mahr, depending on circumstances, may or may not be given back to the husband.

There are differing opinions regarding the iddah (waiting period) for a woman after the Khula has been granted.... Here is another proof that supports a one month waiting period... When Rabi bint Masoodt obtained Khula from Thabit, the prophet asked her to wait until one menstruation period before she could go her home. (An-Nissai, Abu Daud, Tirmizee.... "...And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they deliver (their burdens)..." (At-Talaq 65:4). Also the mahr (dowry) does not have to be surrendered in full if the husband does not request the entire amount. The basic principle concerning this is the verse in which Allah says (interpretation of the meaning): “And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul‘ (divorce)” [al-Baqarah 2:229]... If I made in any mistakes in what I written it is from me.

Controversy over the Recommendations of the Council of Islamic Ideology (Pakistan)

Khula in Quran

Further reading

Youssef el Qaradawi on Khula Category:Islam and women