Your Guide to Khula: Navigating Divorce in Islamic Law

Do you need an Islamic divorce? This article explains Khula, its relationship with mahr, and how to protect your interests during the process.

Overview

Navigating Islamic divorce? Let’s talk about Khula. This form of divorce, initiated by the wife, is a key part of Islamic law. But what does that mean for you? And how can you protect your personal interests and property rights during the process? Whether you’re considering this path or just want to learn more, you need to read our guide.

What Is Khula?

Khula is an option within Islamic law that allows you, as a wife, to initiate a divorce. It’s a process that doesn’t require your husband’s agreement, but it may involve returning all, or part of your mahr.

    How Do You Apply For A Khula?

    Apply for Khula involves several key steps. At SKB Law, we work with a trusted Sharia Council. Our team have significant experience in obtaining khula for our clients and can support you through the process.  Here’s a detailed look at what you can expect:

    1. Application: the first step in the Khula process is to submit an application to a Shariah council. This application should clearly express your intention to divorce and your reasons for seeking Khula. It’s important to be as detailed as possible in your application to help the council understand your situation. If you work with SKB Law, we prepare and submit your khula application and statement of fact, outlining the reasons for your decision.
    2. Sharia Council: The Sharia Council will acknowledge your application and send your husband a copy for his reply. They will send additional copies if he doesn’t reply. They will review your application and arrange a meeting to discuss the matter in an effort to mediate. 
    3. Certificate: After the Sharia Council reaches their decision, you will be issued with an Islamic divorce certificate. This ends your marriage, according to Islam. 

    What’s Mahr Got to Do with It?

    Mahr, a gift from your husband at the time of marriage, plays a significant role in Khula. If you’re seeking Khula, you may need to return all, or part, of your mahr to your husband. Whether you have to return your mahr or not, may depend on a specific clause in your nikah nama, known as talaq-i-tafweez. It can give you the right to divorce – and potentially influence whether you’re required to return the mahr in the event of your divorce.  But it’s not that straightforward – it’s not one-size-fits-all.  The exact wording of the clause, how Islamic law is interpreted where you live, and the specifics of your divorce can all play a part in whether you have to return your mahr.  So, what are your options? You can speak to an Islamic scholar or a family lawyer, who will be able to provide you with a deeper understanding of what this could mean for you.

    Protecting Your Rights

    In the process of Khula, it’s crucial to protect your rights. If you have children or financial assets, speak to an experienced family law team to ensure a fair division of assets. The mahr may be a significant sum, and returning it could have financial implications. Therefore, understanding your rights and obligations before proceeding with Khula is key. SKB Law can guide you on next steps, options and costs in relation to any children or financial matters. 

    You may need to check whether you also need a civil divorce. If you are married under English law, you need to obtain a civil divorce to legally end your marriage.

      How Can A Family Lawyer Help?

      SKB Law is an award-winning, culturally inclusive family law firm founded by Sarah Khan-Bashir. We work closely with clients to understand their circumstances and guide them through the legal process. Our Khula service is £600 + VAT – learn more here

      Our services include: divorce, khula, child arrangement orders, co-parenting agreements and mediation.  If helpful, we can also support you and your partner to find common ground and develop a parenting plan that prioritises the best interests of your children. 

      We hope you found this post helpful. Please remember, this does not replace legal advice. Contact our team to explore your options and understand the costs involved. Thank you for reading. If you found this guide on khula useful, please share it with others who might benefit from it. For more assistance, don’t hesitate to reach out to us at SKB Law.

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