MUTTAQUN.COM-- Khul' (Divorce): According to Quran and Sunnah

(The parting of a wife, i.e. divorce, from her husband by giving him a certain compensation. Initiated by the wife)

Hadith - Musnad Ahmad, Narrated Abu Huraira, r.a.
The Prophet

said, "Those who seek Khula without any reason are hypocrites."

Hadith - Sunan Abu Dawud, Narrated Thoban (RA)
The Prophet

said: "If any woman asks her husband for divorce without some strong reason, the odor of Paradise will be forbidden to her."

The Noble Qur'an - 2:229
...Then if you fear that they would not be able to keep the limits ordained by Allâh, 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).

Hadith - Sahih Al-Bukharî, Vol. 7, Hadîth No. 197
Narrated Ibn 'Abbâs

: The wife of Thabît bin Qais came to the Prophet

and said, "O Allah's Messenger! I do not blame Thabît for defects in his character or his religion, but I, being a Muslim, dislike to behave in an un-Islâmic manner (if I remain with him)." On that Allah's Messenger

said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet

said to Thabît, "O Thabît! Accept your garden, and divorce her once."

(The waiting period during which time the husband must still maintain the divorced wife)

If the woman who has been divorced by khula’ is pregnant then her ‘iddah lasts until she gives birth, according to scholarly consensus. Al-Mughni, 11/227.

But if she is not pregnant, the scholars differed concerning her ‘iddah. Most of the scholars said that she should wait for three menstrual cycles, because of the general meaning of the ayah (interpretation of the meaning):

“And divorced women shall wait (as regards their marriage) for three menstrual periods” [al-Baqarah 2:228]

But the correct view is that it is sufficient for a woman divorced by khula’ to wait for one menstrual cycle, because the Prophet SAWS (peace and blessings of Allaah be upon him) told the wife of Thaabit ibn Qays, when she divorced him by khula’, to wait out the ‘iddah for one menstrual cycle. (Narrated by al-Tirmidhi, 1185; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 946). This hadeeth refers specifically to khula’ divorce whereas the aayah quoted above speaks of divorce in general. But if she waits out an ‘iddah of three menstrual cycles that will be more complete and will be on the safe side, and will avoid an area of scholarly dispute, as some scholars say that she should wait for three menstrual cycles, based on the ayah quoted.

The divorce of a wife who develops an aversion from husband and hates him, and surrenders to him her Mahr or some of her property so that he may divorce her, is called Khula' Divorce. The hatred must have reached a proportion where she would not allow him conjugal rights.

If the husband himself wishes to pronounce the formula of Khula' divorce and his wife's name is, say, Fatima, he should say after receiving the property: "Zawjati Fatimatu Khala'tuha 'ala ma bazalat" and should also say as a recommended precaution: "Hiya Taliq" i.e. "I have given Khula' divorce to my wife Fatima in lieu of what she has given me, and she is free'. And if the wife is identified, it is not necessary to mention her name in Talaqul Khula' and also in Mubarat Divorce.

If a woman appoints a person as her representative to surrender her Mahr to her husband, and the husband, too, appoints the same person as his representative to divorce his wife, and if, for instance, the name of the husband is Muhammad and the name of the wife is Fatima, the representative will pronounce the formula of divorce thus: "An muwakkilati Fatimah bazalat mahraha li muwakkili Muhammad li Yakhla'aha 'alayh". Then he says immediately: "Zawjatu muwakkili khala'tuha 'ala ma bazalat hiya Taliq".

And if a woman appoints a person as her representative to give something other than Mahr to her husband, so that he may divorce her, the representative should utter the name of that thing instead of the word "Mahraha" (her Mahr). For example, if the woman gives $500 he should say: bazalat khamsa mi'ati Dollar".

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