In the name of Allah, the Most Beneficent, the Most Merciful.

The Woman’s Right to Khula’

Islam does not disregard a woman’s right to seek separation from a marriage: it gives her the right to seek khula’, which is the annulment of a marriage at the request of the wife in return for compensation.

Khula’ is established in the Qur’an and the Sunnah, and the scholars are agreed that it is legislated and allowed when there is a need, as Shaykh Salih al-Fawzan sets out in Tas-heel al-Ilmam (Vol. 4), presented in “The Regulations of Khula’” by Abu Khadeejah.

The Evidence for Khula’

Allah says:

“If you do indeed fear that they would be unable to keep the limits ordained by Allah, then there is no blame on either of them if the woman opts to give something for her release.”

(Al-Baqarah 2:229)

Al-Bukhari reported that Ibn ‘Abbas said that the wife of Thabit bin Qays bin Shammas came to the Prophet and said, “O Messenger of Allah! I do not criticize his religion or mannerism. But I hate committing Kufr in Islam (by ignoring his rights on her).” Allah’s Messenger said: (Will you give him back his garden) She said, “Yes.” Allah’s Messenger said: (Take back the garden and divorce her once.) An-Nasa’i also recorded it.

(Reported by al-Bukhari; also recorded by An-Nasa’i)

The Definition of Khula’

Shaykh Salih al-Fawzan takes up this same case in his book Rulings Pertaining to Muslim Women, under his question: if the woman hates the man and she does not wish to remain with him, what could she do? He sets down the verse (Al-Baqarah 2:229), and then quotes Al-Hafidh Ibn Katheer, who stated in his Tafseer [1/483]:

If the husband and wife are in discord with one another, and the woman does not provide the rights of the man and she hates him, is unable to live with him, then she is allowed to release herself from him by returning what he gave her (her bridal money). There is no problem in her returning this to him, and no problem if he accepts it from her. This is known as al-khul’u.

(Rulings Pertaining to Muslim Women, printed p. 122, quoting Tafsir Ibn Katheer [1/483])

This is the definition of khula’ in a book held in this site’s library: the wife releases herself by returning what he gave her, and there is no blame on either side in it. The same explanation stands in the Abridged Tafsir Ibn Kathir set held here, on this verse.

The Meaning of the Hadith

This narration shows that a woman may seek khula’ even when her husband has good religion and good character if she fears that she cannot fulfil his rights as a wife. Her statement was not a criticism of him, but an expression of honesty and justice. She feared that remaining in a marriage she disliked would lead her to neglect his rights, which Islam does not permit.

The wording in some narrations mentions that she feared “kufr in Islam.” The meaning here is not leaving Islam, but rather falling into ingratitude toward her husband by failing to fulfil his rights.

Shaykh as-Sa’di explains this ground in his Tafsir of the verse:

This refers to khul’ or releasing the wife in a graceful manner. in a case where the wife dislikes her husband because of his physical appearance, attitude or lack of religious commitment, and she fears that she will not be able to obey Allah by fulfilling her duty towards him.

(If you do indeed fear that they would be unable to keep the limits ordained by Allah, then there is no blame on either of them if the woman opts to give something for her release) because it is compensation in return for getting what she wants of separation. This shows that khul’ is prescribed, if this reason is applicable.

Shaykh Ibn Jibreen gave this same ruling to a wife in her position: married six years, no love for her husband, no children, and afraid of the hadeeth against seeking divorce without harm:

However, since you have found that you find no happiness or tranquillity with him, in fact, you have felt unhappiness and dislike and fear that you may not fulfill his rights and you have not had any child with him, due to those reasons, it is allowed for you to seek a separation.

(Islamic Fatawa Regarding Women, printed p. 224, Question 206)

The Wisdom Behind Khula’

Khula’ demonstrates the mercy and justice of Islam. Allah does not place sin on either spouse when separation becomes necessary. It removes harm and prevents continued resentment when the marriage cannot continue within the limits set by Allah.

The Difference Between Khula’ and Talaq

Khula’ refers to dissolving or annulling the marriage in return for compensation from the wife. It differs from talaq, which is divorce initiated by the husband. The scholars differed over whether khula’ is an annulment or a divorce. The stronger view, as set out in “The Regulations of Khula’” by Abu Khadeejah, following Shaykh al-Fawzan’s Tas-heel al-Ilmam (Vol. 4), is that khula’ is an annulment and not counted as one of the three divorces; therefore, it does not increase or reduce the number of divorce pronouncements already given, and the couple may not return to the marriage except through a new marriage contract.

Compensation in Khula’

The execution of khula’ involves returning the dowry. The Prophet ﷺ instructed the wife of Thabit to return the garden that had been given to her as mahr. Scholars differed over whether the husband may take more than what he originally gave. Abu Khadeejah sets out both opinions in “The Regulations of Khula’” and concludes, in his closing comment on the article, that more than the dowry is not taken back upon khula’, resting on the narration he cites there in which the Prophet ﷺ instructed Thabit to take back his garden and no more than that.

Ransoming Herself When Proper Relations Become Impossible

Proper relations with her husband may also become impossible through his treatment of her. A woman wrote to Shaykh Ibn Baz about a husband ignorant of her rights, who cursed her and her father and refused to divorce her, while she could no longer bear his behaviour. He answered:

If the situation is as you have just described, there is nothing wrong in seeking divorce. There is no harm also in you ransoming yourself by paying him some wealth in order for him to divorce you. This is due to his improper behavior and wronging you by evil speech.

(Islamic Fatawa Regarding Women, printed pp. 214-215, Question 196)

The Waiting Period (Iddah) After Khula’

The waiting period after khula’ is one menstrual cycle. At-Tirmidhi reported that Rubayi’ bint Mu’awwidh bin ‘Afra’ got a khul’ during the time of Allah’s Messenger ﷺ, and the Prophet ﷺ ordered her to wait for one menstruation period for ‘iddah. (Tafsir Ibn Kathir (Abridged), on 2:229)

Shaykh Ibn Uthaymeen states the same ruling in the closing waiting-period list of The Natural Blood of Women:

Finally the woman whose contract of marriage has been ended by Khul’ (divorcing a wife in return for some lawful offer to her husband) or some other way, then her ’Idda is one single menses.

One cycle is enough to establish that she is not pregnant, and after khula’ there is no taking back, as Abu Khadeejah sets out in “The Regulations of Khula’”. In divorce, the waiting period is three cycles, and during it the husband has the greater right to take his wife back if they wish for reconciliation (Tafsir as-Sa’di, on 2:228).

Khula’ May Be Sought During Her Menses

Her menstrual state may also be in question, because divorce during the menses is prohibited. In The Natural Blood of Women, in his chapter on menses and divorce, Shaykh Ibn Uthaymeen gives khul’ as the third provision:

THIRD: If divorce is made in return for something (Al-Khul’). For example, if there are continuous strong dispute and ill-treatment between a husband and his wife, then the husband can accept something in return for the divorce of his wife.

The book then prints the narration of the wife of Thabit, which stands quoted above in “The Evidence for Khula’”, before Ibn Uthaymeen rules:

The Prophet ﷺ did not ask whether she was in her menses or not. Under these circumstances of genuine need, the wife can ask for her divorce regardless of her menstrual conditions.

Special Case: Pregnancy

If the woman is pregnant, then the waiting period continues until childbirth. Once the child is born, the waiting period ends.

Seeking Khula’ Through a Judge

Abu Khadeejah adds at the close of his article “The Regulations of Khula’” that if a husband refuses to grant khula’ and will not divorce his wife, she has the right to seek judgment through an Islamic court or a recognised Sharia council in non-Muslim countries, and such a khula’ is considered valid.

A held book states the same door as a ruling. A wife whose husband alone was infertile asked if she may seek a divorce, and Shaykh Ibn Uthaymeen answered:

That woman has a right to ask for divorce from her husband if it is shown that the infertility problem is from him alone. If he divorces her, that is final. If he does not divorce her, a judge may dissolve her marriage.

He concludes:

If the man she is married to is impotent or sterile, she has the right to ask for divorce and have her marriage dissolved. This is the stronger opinion among the scholars.

(Islamic Fatawa Regarding Women, printed pp. 223-224, Question 205)

Asking for a Divorce Without a Valid Reason

Khula’ is a door opened for a real need, not a door to be used without one. Shaykh al-Fawzan gives the other side of the ruling in the same chapter, under his question about the woman who asks her husband for a divorce without any valid reason. He narrates from Thawbaan, may Allah be pleased with him, that the Prophet ﷺ said:

“Any woman who asks her husband for a divorce without a valid reason, then the fragrance of the Jannah (Paradise is prohibited for her”

(Narrated by Abu Dawud and Tirmidhee, and Ibn Hibbaan declared it hasan in his Saheeh, as narrated in Rulings Pertaining to Muslim Women, printed p. 122)

Al-Fawzan comments:

This is because the most hateful halaal action to Allah is divorce. Divorce is only to be used as a last resort, and if it is used before that, it is disliked because of the harm it causes – which is a well-known fact. The need or situation which drives a woman to seek a divorce is that her husband is not fulfilling her rights to such a degree that it becomes a detriment for her to remain with him.

So the right this page describes has its limit in the same chapter that grants it: separation is a last resort, opened where remaining has become a detriment, and not to be sought where no valid reason stands.

Key Lessons

Khula’ shows the completeness of Islamic law, balancing mercy, fairness, and protection from harm for both spouses while preserving dignity and justice.

References

Tafsir as-Sa’di, by Shaykh ‘Abdur-Rahman ibn Nasir as-Sa’di. International Islamic Publishing House (IIPH), English Edition 1, 2018. Translated by Nasiruddin al-Khattab, edited by Huda Khattab. Volume used: Vol. 1 (Juz’ 1-3), on Surah al-Baqarah 2:228, printed pp. 287-289 and 291, and 2:229, printed pp. 291-293.

Tafsir Ibn Kathir (Abridged), English translation, all 10 volumes. (Surah al-Baqarah 2:229: “Allowing Khul’ and the Return of the Mahr in that Case”, the narration of the wife of Thabit ibn Qays, and “The ‘Iddah (Waiting Period) for the Khul’”.)

Islamic Fatawa Regarding Women. Darussalam, First Edition 1996. Compiled by Muhammad bin Abdul-Aziz al-Musnad, translated by Jamaal al-Din M. Zarabozo. (Q196, Shaykh Ibn Baz, in the chapter ‘Questions Related to Relation Between the Spouses’, printed pp. 214-215; Q205, Shaykh Ibn Uthaymeen, in the chapter ‘Questions Related to Divorce’, printed pp. 223-224; and Q206, Shaykh Ibn Jibreen, printed p. 224, quoted on this page. Q204, printed p. 223, cited only for what it states: seeking a divorce for a need.)

Abu Khadeejah Abdul-Wahid, “The Regulations of Khula’: The Annulment of a Marriage at the Request of the Wife”, abukhadeejah.com: https://abukhadeejah.com/the-regulations-of-khula-the-annulment-of-a-marriage-at-the-request-of-the-wife/. The sections attributed to this article on this page rest on it; the article itself presents Shaykh al-Fawzan’s Tas-heel al-Ilmam, Vol. 4.

Rulings Pertaining to Muslim Women, by Shaykh Salih al-Fawzan. Darussalam, Second Edition, June 2003. ISBN 9960-347-29-5. Translated by Burhan Loqueman. (Marriage and Divorce chapter, printed pp. 121-122: the question of the woman who hates her husband and does not wish to remain with him, with the words of Ibn Katheer on Al-Baqarah 2:229 defining al-khul’u, and the question of the woman who asks her husband for a divorce without a valid reason, with the hadeeth of Thawbaan and al-Fawzan’s comment on it.)

The Natural Blood of Women, by Shaykh Muhammad ibn Salih al-Uthaymeen, Third Edition, Daar Al-Bukhari, researched and translated by Saleh As-Saleh: chapter ‘Seventh: Menses & Divorce’, printed p. 23, the provision for divorce in return for something (al-Khul’); and the closing ’Iddah list, printed p. 54, the ’iddah of the woman whose marriage ended by Khul’.

Questions & Clarifications

Have a question about this article or noticed something that needs clarification? You are welcome to contact me. Questions and corrections are reviewed carefully against reliable sources.

Ask a Question →