A Khul'a takes place when the husband consents to his wife's request for a divorce. If the husband refuses consent, Islamic law permits dissolution of the marriage, particularly in cases where the wife is facing potential harm. This is known as Faskh (judicial dissolution), and can be decided upon by the scholars of the Commission.
Putting a case on hold
The case can be put on hold or withdrawn at any time during the process, but only before the Panel have made a final decision. The case can be put on hold for a maximum period of one year, as the parties may wish to reconcile. After this period has passed, a fresh application will be required.
Faskh
A Khul'a takes place when the husband consents to his wife's request for a divorce. If the husband refuses consent, Islamic law permits qualified scholars, judge and Imams to dissolve the marriage. This is known as Faskh (judicial dissolution).
Civil Divorce
If the couple have participated in a civil marriage, the Commission of Fatwa and Sharia Affairs only deals with Islamic marriage contracts and Islamic divorce contracts. It does not deal with Civil Divorce matters. Civil divorce cannot replace Islamic divorce, just as civil marriage does not constitute an Islamic Nikah. Marriage in Islam is considered to be a civil contract with a strong religious element.
Iddah (waiting period) for divorcee
The divorced woman is not permitted to re-marry during the period of the Iddah. According to the majority of Muslim scholars, the Iddah for Khul'a is the same as Talaq, which is three menstrual cycles or three months. But Abu Dawud, Tirmidhi and Ibn Majah have narrated Ahadith that the Prophet (saws) prescribed Iddah of one month only for Khul'a. We leave it to the conscience of each individual regarding which opinion to follow.
Iddah during pregnancy lasts until the pregnancy ends. According to 33:49 in the Quran, there is no Iddah if the marriage was not consummated.
Dowery (Mahr)
The Dowery (Mahr) is the gift given by the husband to his bride at the time of marriage, and it should be recorded in the marriage contract. In the process of Khul'a, the wife is usually required to return the Dowery (Mahr) if the husband ask for it. The scholars of the Commission will however take into consideration the length of the marriage, whether there are children, whether the husband supports his children financially and so forth before deciding on the issue of Dowery (Mahr). The scholars are guided by frequent exhortations in the Quran advising husbands to avoid greed and to part company with peace and goodwill.
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