Rules of Khula (Divorce by the Wife)

Written by: Shaykh Hafiz Abdul Sattar Al-Hammad (May Allah preserve him)

"Take back the garden (which was given as a dowry) and release her."
[Sahih al-Bukhari, Book of Divorce: Hadith 5273]

Benefits:​

The context of this Hadith is as follows: Jamila, the wife of Thabit bin Qais, came to the Prophet (صلى الله عليه وسلم) and said, "O Messenger of Allah! I do not find any fault with my husband's character or religious conduct, but I cannot bear living with him, and I do not wish to commit an act of ingratitude while remaining in Islam." The Prophet (صلى الله عليه وسلم) asked her, "Are you willing to return the garden (which was given to you as dowry)?" She replied, "Yes." The Prophet (صلى الله عليه وسلم) then instructed, "Take back the garden and release her." Thus, she returned the garden, and the divorce was granted.
[Sahih al-Bukhari, Book of Divorce: Hadith 5276]

What is Khula?​

Khula refers to the wife seeking separation from her husband. It is important for the woman to seek divorce for a valid reason, as the Prophet (صلى الله عليه وسلم) said:

"Any woman who seeks divorce from her husband without a valid reason, the fragrance of Paradise will be forbidden to her."
[Musnad Imam Ahmad: 277/5]

Valid Reasons for a Woman to Seek Khula:​

A woman is justified in seeking Khula under the following circumstances:

• If she dislikes her husband's physical appearance, character, or religious values.
• If there is a significant age gap, or she is weak or unable to bear hardship in the marriage.

Since Khula is a personal matter for the woman, she is not obligated to seek the permission of her parents or brothers if she is wise and discerning in making her decision.

Effects of Khula:​

Once the decision of Khula is made, the marriage contract is dissolved, and the woman enters into a waiting period (Iddah) of one menstrual cycle. After completing the Iddah, she is free to remarry.