Khula (Divorce) - Islamic Sharia Council

Khula/Faskh (Annulment)

Khula is a unique Islamic legal concept that allows a Muslim woman to initiate divorce from her husband. Unlike a standard divorce (Talaq), where the husband typically initiates the process, Khula empowers women by giving them the right to seek a separation from their spouses. It is based on the Quranic verse (Quran 2:229) which allows for the dissolution of a marriage through mutual consent and fair compensation.

The Prophet Muhammad (peace be upon him) consistently emphasized the importance of treating women with kindness and fairness in marital relationships. He said, “The best of you are those who are best to their wives.” (Sunan Ibn Majah)

Grounds for Annulment:

Faskh is a marriage annulment by a Muslim judge or Sharia Council based on specific, legally recognised grounds. These include the husband’s failure to provide financial maintenance (e.g., 3+ months), physical or emotional abuse, or long-term absence (e.g., 2+ years without communication).
Additional grounds encompass impotence, severe illness (e.g., leprosy, insanity), or prolonged imprisonment (e.g., sentence exceeding 3 years). These provide critical protections for the wife.

The Petition Process:

The wife petitions the Islamic court or council, presenting evidence for her claim. The judge then investigates thoroughly, and if the grounds are proven, issues a decree of Faskh. This formalises the annulment based on the husband’s conduct.

Key Distinction:

Unlike Khula, the wife is generally not required to return her mahr, as Faskh is based on the husband’s fault or incapacity, not merely her desire for release. Both Khula and Faskh empower Muslim women by providing legally recognised avenues to end their marriages, ensuring their rights and well-being within Islamic jurisprudence.

Khula: The Wife's Right to Release:

Compensation-Based Dissolution:

Khula is a divorce initiated by the wife, typically in exchange for compensation, often the return of her mahr (dowry). This practice is derived from Quran 2:229, ensuring a fair pathway to freedom when marital limits cannot be observed.

Irrevocable Nature:

This process, often facilitated by a Sharia Council, results in an irrevocable divorce (talaq-e-bain). This means the couple cannot remarry without an intervening marriage for the wife, unless it’s counted as one of two revocable divorces.

Fees:

Our pricing is all-encompassing, with no hidden fees or extra charges. Payment is due at the time of application submission. If any supplementary services are needed, the Council will bill the applicant in accordance with its established policy.

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Khula/Faskh (Annulment)

Grounds for Annulment:

The Petition Process:

Key Distinction:

Khula: The Wife's Right to Release:

Fees:

Other Service

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