Khulla

What is a Khulla ? A Khulla is the Islamic divorce that the wife applies for through an Islamic Court – Council or through her guardians and in some cases the witnesses of the nikah, if the marriage has broken down.

In cases today where we do not have an Islamic court or any of the witnesses or guardians of the wife who are willing and able to step in to assist, it is then required for a 3rd party to intervene.

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 ammicable 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 minimum of 3 months, there is no shortcut to this process just as we cannot offer 2 raqats for maghrib Salah and claim that it is acceptable, even after the khulla there is normally an Iddah period to observe of 3 menstrual cycles, if the couple were to reconcile during this period then there is no khulla, it is automatically cancelled or annulled. If the iddah is exhausted and the couple decide to reconcile then a new Mahar and a New Niqah with new witnessed would be required.

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