✍ Written by: Shaykh Maqbool Ahmad Salafi حفظه الله
Nikāḥ (marriage) is the sacred contract between a husband and wife. If the husband has a Shariah-validated reason, he may end this contract by giving ṭalāq (divorce). Similarly, if the wife finds it difficult to continue due to a Sharʿī reason, she may seek separation through khulʿ, which is her Islamic right. This article outlines the concept, conditions, and rulings related to khulʿ.
The term "khulʿ" linguistically means "to remove," just like one removes a garment. Since spouses are described in the Qur'an as garments for one another, khulʿ metaphorically implies removing the bond of marriage.
In Islamic legal terminology, khulʿ refers to a woman seeking divorce by offering compensation to the husband, typically in the form of returning her mahr (dower) or something less/more that the husband agrees upon.
It is also known as:
Though the outcome resembles ṭalāq, khulʿ is not considered ṭalāq but a form of dissolution (فسخ) of the marriage contract.
① Right of the Wife
Khulʿ is the wife's right alone. No other person can exercise this right on her behalf without authorization.
② Presence and Specification of Compensation
❀ Qur’anic Evidence:
فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ
“If you fear that they (the couple) will not uphold the limits of Allah, there is no blame upon them for what she gives to secure her release.”
[Surah al-Baqarah: 229]
❀ Hadith Evidence:
From ʿAbdullah ibn ʿAbbās رضي الله عنهما:
ثابت بن قيس's wife came to the Prophet ﷺ and said:
"O Messenger of Allah! I have no complaint about Thabit ibn Qays in terms of his religion or character, but I fear falling into kufr (ingratitude) in Islam (i.e., I cannot fulfill his rights)."
The Prophet ﷺ asked:
"Will you return his garden (mahr)?"
She said: "Yes."
The Prophet ﷺ said:
"Accept the garden and divorce her once."
[Ṣaḥīḥ al-Bukhārī: 5273]
This confirms that khulʿ is valid only when there is compensation involved.
❖ If no compensation is exchanged, it does not qualify as khulʿ, as majority of scholars state.
✿ A husband should not demand more than the mahr, as seen in the hadith:
"Take your garden and do not take more."
[Ṣaḥīḥ Ibn Mājah: 1686]
③ Mutual Agreement in the Same Session
If there's a delay or separation in the session, khulʿ is invalid as per agreement of the four Imams.
See: al-Mawsūʿah al-Fiqhiyyah: 1/209
④ Appointing a Representative (Wakīl)
Both spouses may appoint representatives. Scholars have consensus on the validity of wakālah (representation).
⑤ No Specific Words Required
Any wording indicating separation in exchange for compensation will suffice (e.g., “I release you,” “I divorce you in return for this,” etc.).
The wife must have a valid Sharʿī reason, such as:
⚠ If a woman seeks khulʿ without a valid reason, she commits a sin, although the khulʿ will still be effective.
❀ The Prophet ﷺ said:
"Any woman who seeks divorce from her husband without a valid reason, the fragrance of Paradise is forbidden for her."
[Ṣaḥīḥ Abī Dāwūd: 2226]
Another narration:
"Al-mukhtaliʿāt (those who seek khulʿ unjustly) are hypocrites."
[Ṣaḥīḥ al-Tirmidhī: 1186]
① Private Mutual Agreement at Home
Khulʿ can be executed without going to a court or scholar. If the wife sees a legitimate flaw in her husband, she can:
② Wording
Khulʿ can occur through any statement indicating separation upon receiving the compensation, e.g.:
Multiple narrations about Thābit ibn Qays رضي الله عنه and his different wives describe these wordings, e.g.:
"Accept the garden and divorce her."
[Ṣaḥīḥ al-Bukhārī: 5273]
"Separate from her."
[Ṣaḥīḥ al-Bukhārī: 5276]
"Take what you gave and let her go."
[Sunan al-Nasā’ī: 3497]
✿ It is preferable to have two witnesses present and document the khulʿ for record-keeping.
③ When the Husband Refuses
If the husband:
She may take the matter to:
They should:
④ Avoid Going to Non-Islamic Courts
In the absence of an Islamic court, the wife should not go to a secular court governed by non-Islamic law. Instead, she should:
There is a scholarly difference of opinion, but the stronger view is:
Khulʿ is not ṭalāq, rather it is faskh al-nikāḥ (dissolution of marriage).
Evidence:
Differences between ṭalāq and khulʿ:
❀ A woman must observe one menstrual cycle (ḥayḍ) after khulʿ.
"She was ordered to observe one ḥayḍ as ʿiddah."
[Ṣaḥīḥ al-Tirmidhī: 1185]
"The ʿiddah of a woman who obtains khulʿ is one menstrual cycle."
[Ṣaḥīḥ Abī Dāwūd: 2230]
✿ If pregnant, the ʿiddah lasts until delivery.
✿ She may observe her ʿiddah in her own home or her former husband’s, but must avoid seclusion and maintain ḥijāb.
✿ No maintenance (nafaqah) is due unless she is pregnant.
Some communities practice delegating ṭalāq to the wife, allowing her to divorce herself. This practice is:
An innovation (bidʿah) with no basis in Islamic law.
Only:
✔ Khulʿ is a woman’s right to separate from her husband through compensation.
✔ It is valid only with Sharʿī justification.
✔ Husband must not demand more than the mahr.
✔ Khulʿ is faskh (dissolution), not ṭalāq.
✔ ʿIddah is one menstrual cycle, unless pregnant.
✔ No revocation (rajʿah) in khulʿ – a new nikāḥ is needed.
✔ If no Sharʿī court is available, seek help from a reliable scholar or Islamic institute.
✔ Ṭalāq tafwīḍ is invalid and has no legal status.
What is Khulʿ?
Nikāḥ (marriage) is the sacred contract between a husband and wife. If the husband has a Shariah-validated reason, he may end this contract by giving ṭalāq (divorce). Similarly, if the wife finds it difficult to continue due to a Sharʿī reason, she may seek separation through khulʿ, which is her Islamic right. This article outlines the concept, conditions, and rulings related to khulʿ.
Definition of Khulʿ
The term "khulʿ" linguistically means "to remove," just like one removes a garment. Since spouses are described in the Qur'an as garments for one another, khulʿ metaphorically implies removing the bond of marriage.
In Islamic legal terminology, khulʿ refers to a woman seeking divorce by offering compensation to the husband, typically in the form of returning her mahr (dower) or something less/more that the husband agrees upon.
It is also known as:
- Fidāʼ (فداء) – separation in return for compensation.
- Ṭalāq ʿala al-māl (طلاق على المال) – divorce in exchange for wealth.
- Ṭalāq ʿala al-ʿiwaḍ (طلاق على العوض) – divorce with compensation.
Though the outcome resembles ṭalāq, khulʿ is not considered ṭalāq but a form of dissolution (فسخ) of the marriage contract.
Conditions for a Valid Khulʿ
① Right of the Wife
Khulʿ is the wife's right alone. No other person can exercise this right on her behalf without authorization.
② Presence and Specification of Compensation
- There must be a known and agreed-upon compensation (e.g., full mahr, partial mahr, or another form).
- The husband must be satisfied with the offered compensation.
❀ Qur’anic Evidence:
فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ
“If you fear that they (the couple) will not uphold the limits of Allah, there is no blame upon them for what she gives to secure her release.”
[Surah al-Baqarah: 229]❀ Hadith Evidence:
From ʿAbdullah ibn ʿAbbās رضي الله عنهما:
ثابت بن قيس's wife came to the Prophet ﷺ and said:
"O Messenger of Allah! I have no complaint about Thabit ibn Qays in terms of his religion or character, but I fear falling into kufr (ingratitude) in Islam (i.e., I cannot fulfill his rights)."
The Prophet ﷺ asked:
"Will you return his garden (mahr)?"
She said: "Yes."
The Prophet ﷺ said:
"Accept the garden and divorce her once."
[Ṣaḥīḥ al-Bukhārī: 5273]This confirms that khulʿ is valid only when there is compensation involved.
❖ If no compensation is exchanged, it does not qualify as khulʿ, as majority of scholars state.
✿ A husband should not demand more than the mahr, as seen in the hadith:
"Take your garden and do not take more."
[Ṣaḥīḥ Ibn Mājah: 1686]③ Mutual Agreement in the Same Session
- Offer (ijāb) must be made by the husband.
- Acceptance (qubūl) must be from the wife, in the same session.
If there's a delay or separation in the session, khulʿ is invalid as per agreement of the four Imams.
See: al-Mawsūʿah al-Fiqhiyyah: 1/209④ Appointing a Representative (Wakīl)
Both spouses may appoint representatives. Scholars have consensus on the validity of wakālah (representation).
⑤ No Specific Words Required
Any wording indicating separation in exchange for compensation will suffice (e.g., “I release you,” “I divorce you in return for this,” etc.).
Reasons That Justify Khulʿ
The wife must have a valid Sharʿī reason, such as:
- Dislike to the extent that fulfilling the husband's rights becomes difficult.
- Fear of falling into ingratitude.
- Lack of affection or love from the husband.
- Failure of the husband to provide sustenance.
- Husband's impotence or terminal illness.
- Husband's abusive, immoral, or irreligious behavior.
⚠ If a woman seeks khulʿ without a valid reason, she commits a sin, although the khulʿ will still be effective.
❀ The Prophet ﷺ said:
"Any woman who seeks divorce from her husband without a valid reason, the fragrance of Paradise is forbidden for her."
[Ṣaḥīḥ Abī Dāwūd: 2226]Another narration:
"Al-mukhtaliʿāt (those who seek khulʿ unjustly) are hypocrites."
[Ṣaḥīḥ al-Tirmidhī: 1186]Procedure of Khulʿ
① Private Mutual Agreement at Home
Khulʿ can be executed without going to a court or scholar. If the wife sees a legitimate flaw in her husband, she can:
- Request ṭalāq, or
- Offer compensation to obtain khulʿ.
② Wording
Khulʿ can occur through any statement indicating separation upon receiving the compensation, e.g.:
- “I free you for such-and-such amount.”
- “I give you khulʿ in exchange for…”
Multiple narrations about Thābit ibn Qays رضي الله عنه and his different wives describe these wordings, e.g.:
"Accept the garden and divorce her."
[Ṣaḥīḥ al-Bukhārī: 5273]"Separate from her."
[Ṣaḥīḥ al-Bukhārī: 5276]"Take what you gave and let her go."
[Sunan al-Nasā’ī: 3497]✿ It is preferable to have two witnesses present and document the khulʿ for record-keeping.
③ When the Husband Refuses
If the husband:
- Does not agree to ṭalāq or khulʿ,
- And the wife has a valid reason,
She may take the matter to:
- An Islamic court, or
- A panel of scholars or local religious authority, if no Sharʿī court exists.
They should:
- Attempt reconciliation,
- If that fails, they may annul the marriage without the husband's consent after proper notification and investigation.
④ Avoid Going to Non-Islamic Courts
In the absence of an Islamic court, the wife should not go to a secular court governed by non-Islamic law. Instead, she should:
- Approach a qualified scholar, institute, or local shūrāh for arbitration.
Is Khulʿ Considered Ṭalāq or Faskh?
There is a scholarly difference of opinion, but the stronger view is:
Khulʿ is not ṭalāq, rather it is faskh al-nikāḥ (dissolution of marriage).
Evidence:
- Surah al-Baqarah (229-230) mentions khulʿ after two divorces, and before the third, indicating it's not a third ṭalāq.
Differences between ṭalāq and khulʿ:
- Ṭalāq: ʿiddah = three menstrual cycles, with option of return.
- Khulʿ: ʿiddah = one menstrual cycle, with no option of return.
ʿIddah After Khulʿ
❀ A woman must observe one menstrual cycle (ḥayḍ) after khulʿ.
"She was ordered to observe one ḥayḍ as ʿiddah."
[Ṣaḥīḥ al-Tirmidhī: 1185]"The ʿiddah of a woman who obtains khulʿ is one menstrual cycle."
[Ṣaḥīḥ Abī Dāwūd: 2230]✿ If pregnant, the ʿiddah lasts until delivery.
✿ She may observe her ʿiddah in her own home or her former husband’s, but must avoid seclusion and maintain ḥijāb.
✿ No maintenance (nafaqah) is due unless she is pregnant.
Can the Couple Reunite After Khulʿ?
- Khulʿ results in minor separation (baynūnah sughrā).
- The couple cannot reconcile during ʿiddah.
- However, after ʿiddah, they may remarry with a new nikāḥ and mahr, fulfilling all conditions of a valid marriage.
The Issue of Ṭalāq Tafwīḍ (Delegated Divorce to Wife)
Some communities practice delegating ṭalāq to the wife, allowing her to divorce herself. This practice is:
An innovation (bidʿah) with no basis in Islamic law.Only:
- Husband has the right to give ṭalāq
- Wife has the right to seek khulʿ
Hanafi Views and Refutation
- Ḥanafīs consider khulʿ as ṭalāq, but the stronger opinion is that it's faskh, not ṭalāq.
- They say ʿiddah is three cycles, but the authentic hadith states one.
- They require husband’s consent for khulʿ, but consent is not needed if the wife has valid grounds and he refuses to cooperate.
Summary of Key Points on Khulʿ
✔ Khulʿ is a woman’s right to separate from her husband through compensation.
✔ It is valid only with Sharʿī justification.
✔ Husband must not demand more than the mahr.
✔ Khulʿ is faskh (dissolution), not ṭalāq.
✔ ʿIddah is one menstrual cycle, unless pregnant.
✔ No revocation (rajʿah) in khulʿ – a new nikāḥ is needed.
✔ If no Sharʿī court is available, seek help from a reliable scholar or Islamic institute.
✔ Ṭalāq tafwīḍ is invalid and has no legal status.
