Khulʿ (خلع)
Definition
Khulʿ (خلع) refers to a form of divorce in Islamic law where a wife initiates the termination of her marriage by offering compensation to her husband. It is designed to release the woman from the marital bond with the husband’s consent.
Etymology and Translations
- Etymology: The term “Khulʿ” is derived from the Arabic root خ-ل-ع, which conveys the idea of “taking off” or “removing,” akin to taking off a piece of clothing. This metaphorically indicates the removal of the marital bond.
- Arabic: خلع (Khulʿ)
- Turkish: Hul (Note: The word may remain unchanged in Turkish, as it is directly adopted from Arabic.)
Legal Context and Process
Islamic Jurisprudence
In Islamic jurisprudence, the concept of Khulʿ is elucidated within the framework of obtaining mutual agreement for dissolving a marriage, specifically when the marital relationship becomes untenable. The compensation generally involves the wife giving up her mahr (dower) or any other agreed-upon amount or property.
Conditions and Considerations
The process of Khulʿ is underscored by specific conditions:
- Mutual Consent: Khulʿ must be agreed upon by both the husband and the wife.
- Compensation: The wife offers a compensation to the husband, which typically involves relinquishing her dower (mahr).
- Qur’anic Law: The legal basis of Khulʿ is found in the Qur’an:
- “If you fear that they cannot observe the ordinances of God, then no blame shall attach to either of you for what the wife shall herself give for her redemption.” (Surah Al-Baqarah, 2:229)
In practice, an authorized religious judge typically oversees and approves the Khulʿ to ensure all conditions are met, upholding its legitimacy and protecting the rights of both parties.
Cultural and Historical Background
The practice of Khulʿ is not merely a legal transaction but holds significant cultural and ethical dimensions in Islamic societies. It empowers Muslim women by providing a juridical mechanism for ending unsatisfactory or harmful marriages, reflecting the adaptability and justice inherent in Islamic legal traditions.
Takeaways
- Empowerment: Khulʿ embodies a critical form of empowerment for women within Islamic law, allowing them to initiate divorce under specific conditions.
- Mutual Consent: The mutual consent and stipulated compensation frame Khulʿ as a collaborative and equitable method for dissolving a marriage.
- Qur’anic Foundation: The basis for Khulʿ in the Qur’an emphasizes the importance of adhering to the principles of equity and justice in marital relationships.
Books for Further Studies
- “The Rights of Women in Islam” by Asghar Ali Engineer
- “Islamic Family Law” by Chibli Mallat
- “Women and Muslim Family Laws in Arab States: A Comparative Overview” by Lynn Welchman
- “Understanding Sharia: Islamic Law in a Globalized World” by Muhammad Hashim Kamali
Conclusion
Khulʿ represents a pivotal concept in Islamic marital jurisprudence, providing a structured method for women to seek relief from marriages that fail to fulfill their intended purposes. Rooted in Qur’anic principles and enriched by centuries of legal scholarship, Khulʿ highlights the responsive and just nature of Islamic law in addressing the needs and rights of women.
By understanding Khulʿ, scholars, practitioners, and individuals can better appreciate the dynamic interplay between Islamic legal traditions and contemporary social realities.
