What is Khula under Islamic Law?

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What is Khula under Islamic Law? Blog Image


The Supreme Court recently issued notice in an appeal against two Kerala High Court verdicts that held that Muslim women have the absolute right to unilateral and extra-judicial divorce through Khula under Islamic law.

About Khula

  • 'Khula' is a practice within Islamic law that empowers Muslim women to unilaterally seek separation from their husbands.
  • It is expressly mentioned in the Quran.
  • This is designed to safeguard women's rights and operate within the parameters of Islamic law.
  • The process involves the wife initiating the divorce by formally requesting it from the court, providing a valid reason such as incompatibility, abuse, or neglect.
  • In the 'Khula' process, there is also the possibility of the womanreturning the 'Mehr' or reaching a financial settlement with her husband as part of the agreement for ending the marriage.
  • Following a 'Khula' divorce, the husband assumesresponsibility for the education and financial support of the children.

What is Talaq?

  • 'Talaq' occurs when the husband initiates the divorce.
  • According to Muslim law, once a man pronounces 'Talaq,' the marriage is immediately terminated.
  • But unlike Khula, wherein a Muslim woman needs to formally give a reason for the divorce, in Talaq, a Muslim man can divorce his wife with or without any cause, and there is no specific procedure for it.

After taking a 'Talaq', a Muslim man has to repay his former wifeher dowry and property, if any, owned by her.

Q1: What is Triple Talaq?

It is a form of divorce that was practiced in Islam, whereby a Muslim man could divorce his wife by pronouncing talaq three times. The man need not cite any reason for the divorce and the wife need not be present at the time of pronouncement of talaq.

Source: Supreme Court to examine whether Muslim women have right to unilateral divorce through Khula