Khulla (Khul’a)

What is a Khulla ? A Khulla is the Islamic divorce that the wife requests from her husband, essentially it is a request for Talaq, she can do this directly or through her own Brother(s) Father or even uncle(s) who know the process, if they do not however know the process and or wish for an official certification at the end of the process then we suggest in places  like the UK where there is not a Islamic Judicial System, you would need to use a Sharia Council or even a local Imam.

In any case whether the wife or the husband choose to divorce their spouse it is better to do this under the “No Fault Divorce” route as Allah SWT commands us in the Holy Quran to part on amicable terms and not blame each other. This has also recently in April 2022 been adopted in the courts of England & Wales.

We often are asked if the man can delay, refuse or stop the khulla (Islamic Divorce instigated by the wife) by either objecting or not responding, the simple answer is NO, the man does not have total autonomy on the dissolving the marriage, Islam allows both parties at any time to seek to dissolve the marriage should they not be happy and neither party can hold each other BY FORCE in a marriage they no longer want to be in.

These situations are quite bad for the wives as in most cases the men hold back from giving them Talaq as if it is a form of punishment, the men need to realise that this is against Islamic principles to withhold a Talaq on these grounds.

We have had many cases over the years were we have tried to mediate but then in a lot of cases we have had to either dissolve the marriage or issue a Khulla to the wife due to the nature of this practice being seen as a norm in the society.

Marriage is a sacred contract between a Man and a Woman with God Almighty as their witness, marriage is a contract of justness between one another not a contract of competition or jealousy.

Marriage is a sanctuary as it protects you against the evils of the community, sadly today it is not seen as such and instead it is a huge party which doesn’t last very long at all.

The process if Khulla takes a 3 months, however if the applicant’s life is in danger then we can in some cases complete the process within 4 weeks, there would still be an Iddah period to observe of 3 menstrual cycles, if the couple were to reconcile after this period then there is a new Mahar and a New Niqah with new witnessed would be required, if however the couple have had no intimacy in the last 12 months, then a 1 month iddah would be sufficient.

In cases where the husband completed fails to cooperate or issue the talaq on the request (khula) then we will issue the faskh (dissolve the nikah without his consent) after we have exhausted the process.

May Allah SWT allow us to learn the deen and implement it correctly Ameen ya Rabbul Alameen.

Our Applications are on the page link below:

Islamic Divorce-Khula-Faskh-Talaq