Khula and The amount given for Khula

Khula means the separation of the wife in return for a payment; the husband takes the payment and lets his wife go, whether this payment is the mahar which he gave to her, or more or less than that. The Almighty Allah says in the Glorious Qur’ān: “And if you fear that they may not be able to keep the limits of God, in that case it is no sin for either of them if the woman ransoms herself

It should also be taken into consideration that the khulaʿ is the last option for a woman such as divorce is the last option for a man; so it should not be demanded until they feel that they are unable to live together happily. Sayyidnā Thawbān (ra) narrated that the Messenger of Allah Sallallahu Alaihi Wasallam said“Whichever woman seeks a Khulaʿ from her husband without harm (cause), then the scent of Paradise will be unlawful for her

Sayyidnā Abū Mūsā Al-Ashʿarī (ra) reports that the Messenger of Allah Sallallahu Alaihi Wasallam condemned those who give divorce without any reason and those who seek divorce (khulaʿ) with no reason and said: “Women are not divorced until their character is doubtful. Surely, The Almighty Allah does not like those men and women who taste each other (who get married and shortly get apart)

Sometimes, husbands do not care for the rights of women and violate their rights and they do not even set their wives free so that they can lead their lives peacefully. In this case, the Sharīʿah does not compel women to bear all kinds of oppressions and difficulties; rather it allows them to get divorced respectfully in the form of khula

The wisdom of khula

The wisdom of khulaʿ is that sometimes the spouses have fight because of a reason which the wife herself does not like to announce in front of the people, for it can lead to hurt her respect and esteem. In this case, the khulaʿ is the best way to get separation from each other and it will protect the respects of both husband and his wife

Sometimes, seemingly there is no reason of hatred and quarrel; but the mood of both husband and wife does not go along well and the mutual love, affection and the satisfaction, the main objective of marriage, does not exist between them and the husband does not also violate her rights; but the wife is not interested in her husband. In this case, Islam allows the wife to get khulaʿ in return of the whole or partial amount of the dower

Imām Bukhārī (ra) has reported on the authority of ʿAbdullāh ibn ʿAbbās ra

The wife of Thābit ibn Qays came to the Prophet Sallallahu Alaihi Wasallam and said, “O Allah’s Messenger Sallallahu Alaihi Wasallam ! I do not blame Thābit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him. He behaves with me nicely and is good in character and religion , but I don’t have affection for him).” On that, Allah’s Messenger Sallallahu Alaihi Wasallam said (to her), “Will you give back the garden which your husband has given you (as Mahr)?” She said, “Yes.” Then the Prophet Sallallahu Alaihi Wasallam said to Thābit, “O Thābit! Accept your garden, and divorce her once

The amount given for Khula

Khula in fact, occurs when both the husband and the wife decide to separate from each other with their consent in return of some amount given for khulaʿ. But we should know that the amount given in return for khulaʿ should not exceed the amount of dower. Thus, the Almighty Allah says in the Glorious Qur’ān: “And it is not lawful for you that you take from women anything of that which you have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) God. And if you fear that they may not be able to keep the limits of God, in that case it is no sin for either of them if the woman ransoms herself. These are the limits (imposed by) God. Transgress them not. For, whoever transgresses God’s limits: such are wrongdoers

In short, if the wife made no fault, then the husband should not take any amount in return of khulaʿ. But if she made any or demands divorce without any reason, then the husband should not take more than the amount he has given as dower. He must not demand more than that and it is also against his self-respect because the Sharīʿah gives him authority to divorce and he misuses this authority for earning livelihood

The wife can get khulaʿ by forgiving her rights such as the expenditure of ʿiddah period and the dower which the husband still did not pay

Rulings on Khula

Ṭalāq bā’in (the irrevocable divorce) occurs by khula

The decree of a judge is not necessary for khula to be effective

In case of khulaʿ, the husband has no option to take his wife back into his marriage contract. However, he can remarry her in the period of ʿiddah or after the period of ʿiddah is over with her consent and new dower

No specified period of time is fixed for khulaʿ. It can take place in both periods of menses and purity

Iddaht

Iddah, in terms of Sharīʿah, is the period of waiting a woman observes

It is of two types

ʿIddah due to death

ʿIddah due to ṭalāq

Only a few rulings on ʿIddah due to ṭalāq are described in the following lines

Lineage is of great importance in Islam. Therefore, the Sharīʿah orders a woman to observe the period of ʿiddah whose purpose is to ensure that the male parent of any offspring produced after the cessation of a nikah (marriage) would be known. A woman must observe the period of ʿiddah after a divorce and khula

The Period of ʿIddah due to Talaq

For those who are pregnant, their period shall be till they bring forth their burden birth of the child

Women  who  are  divorced  shall  wait,  keeping  themselves  apart,  three  menstrual cycle

For women with no menses due to very young age or old age for them period is 3 months

O you who believe! If you wed believing women and divorce them before you have touched them, then there is no period that you should reckon. But content them and release them handsomely

Rulings on Iddah

Proposing explicitly to a woman who is in the period of ʿiddah is, however, not lawful Proposing to a woman who is given ṭalāq rajʿī is forbidden at all

A divorcee must observe the period of ʿiddah in the home provided by her husband. The Almighty Allah says in the Glorious Qur’ān: “Expel them not from their houses

The wisdom underlying it is that if the husband pronounced the word ‘divorce’ once or twice, he has the right to take his wife back in his marriage during the period of ʿiddah. If the divorcee dwells in the house provided by her husband, there will likely be more chances that they again fall in love with each other and in this way a broken relation can be re-established

But if the divorcee fears of her life, wealth and respect in case of observing the period of ʿiddah in her husband’s house or she fears collapsing of the house, then she can observe the period of ʿiddah in another house

The husband will be responsible for the expenditure of the ʿiddah period

If the husband wants to remarry his wife whom he gave ṭalāq rajaʿī, he can take her on a journey

The divorcee who is given ṭalāq bā’in or ṭalāq mughallaz cannot travel even along with her husband or maḥram (close relative) until the period of ʿiddah is over

Alhamdulillahi bi neymatihi tatimmu-s-salihath Only by the mercy and guidance of Allah righteous deeds are accomplished

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