Khul'
Definition
Khul’ (Arabic: خلْع, Turkish: hul`) refers to a divorce procedure under Islamic law wherein a woman can initiate a separation from her husband, often by returning her mahr (dowry) or agreeing to other financial concessions. The process is primarily considered irreversible during the iddah, the waiting period prescribed for women before remarriage. Islamic legal sources differ on the necessity of the husband’s consent for the procedure to be effective.
Etymology
The term khul’ is derived from the Arabic root خلع (khal’a), which means “to remove” or “to take off.” It metaphorically references the idea of a woman ‘removing’ herself from the marriage bond.
Procedure
a. Initiation: The process starts with the wife expressing her desire for divorce to her husband or a judicial authority.
b. Financial Settlement: Typically, the wife returns the mahr (dowry) given at the time of marriage or agrees on a separate financial arrangement.
c. Iddah: A waiting period known as iddah is observed. This period varies based on the circumstances but usually lasts around three menstrual cycles.
d. Irrevocability: Unlike talaq (whereby the husband initiates the divorce), khul’ is often considered irrevocable once agreed upon and after the observing of the iddah period.
Theological and Legal Disagreements
Muslim scholars exhibit divergent views on whether a husband’s consent is essential for khul’ to be official:
- Some jurists argue that the husband’s approval is mandatory.
- Others maintain that a woman’s wish for separation should suffice, subject to judicial intervention to mitigate potential for exploitation or disproportionate harm.
Suggest Books for Further Studies
- “An Introduction to Islamic Law” by Wael B. Hallaq
- “Marriage and Divorce in Islamic Law: The natural solution” by Aisha Bewley
- “The Islamic Divorce Handbook” by Jasem Alameer
Takeaways
- Khul’ provides means for gender fairness within Islamic marital jurisprudence, emphasizing a woman’s autonomy within the marriage contract.
- The nuances in consent and financial obligations underpinning khul’ accentuate ongoing debates among scholars and across different Islamic schools of thought.
Conclusion
Khul’ represents an integral facet of Islamic matrimonial law, embodying significant legal, financial, and social implications. While the execution of khul’ reveals intra-faith diversity in jurisprudence, it underscores a broader commitment to equitable practice within Islamic marital traditions.
